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HomeMy WebLinkAbout1983/05/04 - Agenda Packetn C C 0 T O O U > 1977 CTTY OF RANCHO CCICANI %JC.,A CITY CCUNCIL AGENDA Lions Park Community Center 9161 Rase Line Road Rancho Cucamonga, California May 4, 1983 - 7:30 p.m. All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such items. 0 a b. 1. CALL TO ORDER A. Pledge of Allegiance to Flag. R. Roll Call: Buquet_�L, Dahl v, Frost Schlosser_, and Mikels_r C. Approval of Minutes: March 16, 1983 and April 6, 1983. 2. ANNOUNCEMENTS Thursday, May 5, 7:00 P.M. - HISTORIC PRESERVATION COIMIISSION, - Lions Park Community Center. Thursday, May 19, 7;00 p.m. - PARKS COMMITTEE MEETING - Lions Park Community Center. c. Applications for the Parks Committee vacancy due by 5:00 P.M., Thursday, May 12, 1983. 3• CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. �a. Approval of Warrants, Register No. 83 -04 -29 in the 1 amount of $43.132.26 and Register No. 83 -05 -04 and Payroll ending 4 -17 -83 in the amount of $313,605.05. City Council Agenda -2- May 4, 1983 1] b. Approval of Assessment District 82 -1 Warrants for March 1983 in the amount of $539,726.89. c. Alcohol Beverage Application for Off -Sale General License, Stater Bros. Market #53, 8770 Base Line. d. Alcohol Beverage Application for Off -Sale General License, Stater Bros. Market No. 78, 9750 Nineteenth Street. e. Alcohol Beverage Application for On -Sale Beer A Wine Eating Place License, Jeanette C. A Mohamad Ali Musa, Moe's Deli, 8760 Base Line. f. Approval of City -State Agreement to the City -State Federal Aid Urban Traffic Signal Project at 4th Street and Archibald Avenue. The city's share for the signal to be done in cooperation with the City of Ontario. Project will be 100$ federally funded. The 50% City share amounts to $46,000. • RESOLUTION NO. 83 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF LOCAL AGENCY -STATE AGREEMENT NO. 08 -5420, PROGRAM SUPPLEMENT NO. 6. g. Approval of Alta Loma Channel Guarantee of Payment Agreement with the Roberts Group which guarantees payment of $3,863.96 share of the engineering costs for formation of Alta Low Channel Assessment District 82 -2. h. Approval of Reimbursement Agreement for Planned Drainage Facility Construction between City of Rancho Cucamonga and M. J. Brock 6 Sons, Inc. RESOLUTION NO. 83 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FROM M.J. BROCK 6 SONS, INC. FOR TRACT 9369 AND TRACT 11173. i. Approval of Parcel Map 7264 - Watt Commercial - located on southeast corner of Haven Avenue and Lemon Avenue. RESOLUTION NO. 83 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7264. 4 6 7 8 9 13 18 23 25 26 • City Council Agenda -3- May 4, 1983 j. Authorization to establish - a Service Recognition Program. k. Approval is requested for the contract with the City of Ontario to share costs equally ($10,000 each) for a consultant to develop a Community Facilities Act District for the construction of Day Creek. City funding to come through the Redevelopment Agency. Consultants selected were Willdan Associates and Brown and Nazarek. 1. Approval of Furniture for Employee Lounge in the Sheriff's Department. Request that $720 be transferred from the Sheriff's Department overtime budget for this expenditure. m. Approval of Indenture with Southern Pacific Railroad to allow 84 inch storm drain under the railroad at the Victoria Parkway underpass. • RESOLUTION NO. 83 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN INDENTURE AGREEMENT BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE RIGHT TO CONSTRUCT AN 84 INCH STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS WITHIN THE VICTORIA PROJECT. n. Acceptance of Street and Drainage easements from Southern California Edison Company located at various places which cross transmission lines east of Day Creek Boulevard for future drainage and street crossings. RESOLUTION NO. 83 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING STREET AND DRAINAGE EASEMENT OVER SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY, NORTH OF BASF, LINE ROAD (VICTORIA PLANNED COMMUNITY). o. Approval of Proposed Day Creek Agreement between the Redevelopment Agency and the City of Rancho Cucamonga providing for city implementation of Day Creek facilities project and establishing RDA funding. p. Set Public Hearing for May 18, 1983 for Emergency Expenditures to meet National Needs (Federal Jobs Bill Projects). 27 28 42 47 58 59 66 68 City Council Agenda -4- May 4, 1983 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF 4. ADVERTISED PUBLIC HEARINGS A. VACATION OF SERVICE ROAD. Road located on the south 69 side of Foothill Boulevard in connection with Parcel Map STREET FOR RAILROAD SPUR 6114 submitted by Vista Investment. Item continued from the March 16, 1983 agenda. Staff report by Lloyd Hubbs, City Engineer. Request item be continued to 6 -1 -83• S. APPEAL OF PLANNING COMMISSION DECISION FOR GENERAL PLAN 71 AMENDMENT 83 -OIA - SANORVECHAIANT. A request to amend the General Plan Land Use Plan from medium residential (4 -14 dwelling units /acre) to medium -high residential (14 -24 dwelling units /acre) on approximately 15.5 acres of land located at the northeast corner of Base Line Road and Rochester Avenue - APN 227- 091 -45. Item continued from the April 6, 1983 city council meeting. Applicant has requested a 30 -day continuance. Staff report by Rick Gomez, City Planner. C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -02 (TENTATIVE TRACT 12362) - RANCHO CENTER. A change of • zone from R -3 (multiple family residential) to R -3 /PD (multiple family residential /planned development) and the development of 88 units arranged as four- plexes on 6.4 acres located south of Base Line, on the west side of Hellman - APN 208- 011 -02 and 04. ORDINANCE NO. 202 (second reading) R4 AN ORDINANCE OF THE CITY COUNCIL REZONING / ASSESSOR'S PARCEL NUMBERS 208 - 011 -02 AND 04, FURTHER DESCRIBED AS PARCEL 3 OF PARCEL MAP 6395 LOCATED SOUTH OF BASE LINE, ON THE WEST SIDE OF HELLMAN AVENUE FROM R -3 TO R -3 /PD FOR TENTATIVE TRACT 12362. D. GRANTING OF EASEMENTS ACROSS 8TH STREET. It is required 85 that easements be granted across 8th Street for railroad spur purposes in connection with Parcel Map 7555. Staff report by Lloyd Hubbs, City Engineer. RESOLUTION NO. 83 -53 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, GRANTING TWO EASEMENTS ACROSS 8TH PURPOSES. STREET FOR RAILROAD SPUR s r# •,i City Council Agenda -5- May 4, 1983 E. SENIOR HOUSING OVERLAY DISTRICT: GENERAL DEVELOPMENT AGREEMENT. Draft General Development Agreement to be used in conjunction with senior citizen housing project developed under the provisions of the Senior Housing Overlay District. Staff report by Rick Marks, Associate Planner. The Planning Commission recommends: 1. That the City Council approve the General Development Agreement, and 2. That the General Development Agreement be completed on a project -by- project basis and brought to the Planning Commission and City Council for review and approval. RESOLUTION NO. 83 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GENERAL DEVELOPMENT AGREEMENT TO BE USED IN CONJUNCTION WITH SENIOR CITIZEN HOUSING PROJECTS DEVELOPED UNDER THE PROVISIONS OF THE SENIOR HOUSING OVERLAY DISTRICT. 5. NON- ADVERTISED ORDINANCES FOR CONSIDERATION None submitted. 6. CITY MANAGER'S STAFF REPORTS A. PURCHASE OF SURPLUS PROPERTY FROM THE CHINO BASIN MUNICIPAL DISTRICT. Request that the Community Services Director be authorized to open escrow proceedings for the purchase of surplus property from Chino Basin Municipal Water District for the purpose of construction of an addition to the Rancho Cucamonga Neighborhood Center. The Neighborhood Center addition is a two -year Project, funded under the Housing and Urban Development Department's Community Development Block Grant, _ Program. It will provide added community meeting and �. recreation facilities with particular emphasis given to senior citizen activities. It is also requested that authorization be granted the Community Services Director to distribute request for proposals for the design of the Rancho Cucamonga Neighborhood Center. Staff report by Bill Holley, Community Services Director. r 92 ��V 1 110 111 i City Council Agenda -6- May 4, 1983 B. SUPPORT OF BENEFIT ASSESSMENT PROGRAM. A resolution supporting placement of a flood control benefit assessment on the November ballot. Staff report by Lloyd Hubbs, City Engineer. RESOLUTION NO. 83 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE PASSAGE OF A FLOOD CONTROL BENEFIT ASSESSMENT MEASURE ON THE NOVEMBER BALLOT. C. INDUSTHIAL SPECIFIC PLAN CIRCULATION REVIEW. On March 16 the city council referred this item to the Planning Commission for study. Results of their study of the north /south access road east of Haven Avenue between Fourth and Sixth Streets is now before the City Council for consideration. Staff report by Lloyd Hubbs, City Engineer. • E. DRAFT FOOTHILL COIMUNITI PLAN. The County planning staff will review the status of the Foothill Area Community Plan and answer any questions or comments by the City Council. Staff report by Tim Beedle and County Staff. F. PROPOSED CITY /COUNTY POLICY PACKAGE. Item requested by Mayor Mikels. 7. CITY ATTORNEY'S REPORTS No items submitted. 8. COUNCIL BUSINESS No items submitted. 9. ADJOURNMENT 112 113 114 126 142 • March 16, 7983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council of the City of Rancho Cucamonga met in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, March 16, 1983• The meeting was called to order at 7:40 p.m, by Mayor Jon D. Mikels. Present: Council members: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; Finance Director, Harry Empey. Approval of Minutes: February 2, 1983, February 7, 1983, February 10, 1963. Motion: Moved by Schlosser, seconded by Dahl to approve the minutes of February 2, 7, and 10. Motion carried unanimously 5 -0. 2. ANNOUNCEMENTS • a. Thursday, March 17, 1983, 7:00 p.m. - PARKS COMMITTEE, Lions Park Community Center, 9161 Base Line Road. It. Thursday, March 24, 1983, 7:00 p.m. - ADVISORY COMLMISSION, Lions Park Community Center, 9161 Base Line Road. C. Presentation of Proclamation proclaiming Saturday, March 19,1983 as Red Cross Appreciation Day. d. Presentation of Proclamation to Jeff King commending him for his service to the Community as a Planning Commissioner. e. Presentation of Proclamation to recognize City employees for the work put in during, the storms. Engineering staff present to receive the recognition were: Tine Torres, Richard Carillo, Robert Cardiel, Robert Zetterberg, Tom Acosta, Marc Cason, Rick Piantedosi, and Monte Preacher. f. Mr. Wasserman introduced John Futscher, the new Lieutenant at the Sheriff's Department. g. Mr. Wasserman requested additions to the Agenda as follows: City Manager's Staff Report, Item "E", Resolution No. 83 -36, opposition to the EPA Sanctions; and Item "F", Resolution No. 83 -37, approval of cooperation agreement for multiple family housing revenue bond. Council concurred. h. Mayor Mikels presented a report from the National League of Cities Congressional Conference at which both he and Mayor Pro Tem Buquet had attended. 3. CONSENT CALENDAR a. Approval of Warrants, Register No. 83- 03 -16, and Payroll ending 03 -06 -83 in the amount of $698,840.60. b. Forward Claim by Roy and Dannie Ratliff to the City Attorney for handling. C. Approve and execute informal contract for the completion of Vineyard Avenue Street Improvements FAU M /MR- R194(2) to Riverside Construction Co., the low bidder at $255,054.40. d. Approve acceptance of the Carnelian Street Improvements (05- 06 -55) and authorize the city engineer to file a Notice of Completion with the County Recorder and to release performance surety and retention. Release Performance Bond $144,712,82 RESOLUTION NO. 83 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET IMPROVEMENTS (05- 06 -55) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION. 11 e. Approval of agreement with Donald G. King 6 Assoc. as Environmental Impact • Consultant for the Alta Loma Channel Assessment District. f. Approval of Parcel Map 7797, Bonds, and Agreement -R. C. Associates, II,- located on the south side of 8th Street approximately 440 feet east of Pittsburgh Avenue, RESOLUTION NO. 83 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7797, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. g. Approval of extension agreement for Tract 11696 located on the west side of Sapphire Street at Garden Court submitted by Vanguard Builders. RESOLUTION NO. 83-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11696. h. Approval of Assessment District 82 -1 Contract Change Order No. 2 relating to the reconstruction of Rochester Avenue, south of 8th Street. i. Approval of Parcel Map 7864, Bonds, and Agreement - American Industries • (Biane Winery) located cn the south side of 8th Street, west of Turner Avenue. X • RESOLUTION NO. 83 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7864, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. j. Release of Bonds: Tract 9193 - located on the west side of Vineyard, south of Base Line Owner: William Lyon Co. Faithful Performance Bond (road) $10,000 Tract 9262 - located on the east side of Vineyard, south of Base Line Owner: William Lvon Co. Faithful Performance Bond (road) $20,000 RESOLUTION NO. 83-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9193 AND 9262 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. • k. Release of T.O.P. Bonds to Lewis Homes: Tract 9454 042- 1047G36 $2,000 Tract 9454 042 - 1048943 $ 500 Tract 9567 042 - 1063769 $2,294 Tract 9567 042 - 1063751 $ 575 Tract 11461 042- 1075342 $ 500 1. Forward Claim against the City by Steve and Deborah Weddle to the city attorney for handling. m. Approval of designation of $500,000 from reserves to the General Fund for cash flow purposes. 0. Set public hearing for April 6, 1983 for Environmental Assessment and Zoning Ordinance Amendment 83 -01. An amendment to Chapter 1, Section 1.08.160 and 1.08.170 of the City of Rancho Cucamonga Municipal Code regarding home occupation permits. p. Set public hearing for April 6, 1983 for Housing Assistance Plan for Community Development Block Grant Program. q. Set public hearing for April 6, 1963 for Community Development Block Grant Program Statement of Objectives for 1963 -84. Motion: Moved by Frost, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5 -0. 4. Pu@CIC HEAAINOS A. ENVIRONMR:NTAL ASSESSMENT AND PLANNED DEVELOPMENT 82 -06 - TENTATIVE TRACT 12320 - L A G. A change of zone from R -3-T (multiple family residential) to R -3 /PD (multiple family residential /planned development) and the development of 116 condominiums on 8.98 acres of land located at the southeast corner of Archibald Avenue and Victoria Avenue - APN 202 - 181 -07. (First reading held on March 2, 1983)• Staff report presented by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 195. ORDINANCE NO. 195 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 181-07, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AND VICTORIA AVENUES, FROM R -3 -T TO R -3 /PD. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 195. Motion carried unanimously 5 -0. Ll Motion: Moved by Schlosser, seconded by Frost to approve Ordinance No. 195. Motion carried by the following vote: • AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None B. VACATION OF A PORTION OF 7TH STREET. Vacation of a portion of 7th Street adjacent to California Finished Metals located on the southeast corner of 7th Street and Center Avenue. Staff report by Lloyd Hubbs, City Engineer. Mr. Frost felt we should not consider a Vacation until such a time that a project comes in or there is a need to physically develop 7th Street because of the layout. He felt there were some drainage problems and other matters to consider and that this should be done concurrently with the approval of a project. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Frost, seconded by Buquet to continue Resolution No. 83-34 to the April 6 meeting. Motion carried unanimously 5 -0. RESOLUTION NO. 83 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE . VACATION OF A PORTION OF 7TH STREET. C. CONSIDERATION OF AN ORDINANCE ESTABLISHING A TRANSIENT OCCUPANCY TAE. An 4 • Ordinance proposing a transient occupancy tax for motels. Staff report by Harry Empey, Finance Director. Mr. Empey stated that in light of general fund reductions over the past few years, we have been seeking, sources of revenue. He stated the two taxes proposed do not impact the City now, but should be put into place for the future. A bed tax has always been a source of tax for cities. The admissions tax has been a source only recently. These types of taxes were not special taxes and could be put into effect without approval of the voters. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 197. ORDINANCE NO. 197 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.40 THERETO TO IMPOSE A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY. Motion: Moved by Dahl, seconded by Buquet to waive full reading of the • Ordinance. Motion carried unanimously 5 -0. Mr. Frost stated he objected to an additional tax even though there was a need for sources of additional revenue. He did not like to have this placed on the books before any businesses would have a chance to object. Mr. Buquet stated that although he was not basically in favor of additional taxes just to increase revenue, he felt this was one that other cities have. For example while in Washington D.�,,he discovered they have a tax in excess of 10 percent. Mr. Wasserman stated that the City of Ontario was enjoying an income in excess of $400000 per year from just the Red Lion. Mr. Wasserman stated they would be taking these two ordinances to the Chamber during the next two weeks for their review. Mayor Mikels set April 6, 1983 for second reading. D. CONSIDERATION OF AN ORDINANCE ESTABLISHING AN ADMISSIONS TAX. An Ordinance proposing an admissions tax for theaters and similar recreational activities. Staff report by Harry Empey, Finance Director, Mr. Empey stated that there are two other cities considering this, Chino and Montclair. Pomona has an admissions tax which is set at 17 percent. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. 6 Mr. Frost stated he had similar reactions to this tax as he did with the bed • tax; it just added to the cost of doing business in the City. He felt this needed some deeper thought between now and second reading. Mr. Dahl stated not many people were really aware what impact the State, Federal, and County out hacks were to cities. He felt this is a type of tax that is not harmful and will allow the city to get some of the revenue it needs. He would be in favor of this type of tax. City Clerk Wasserman read the title of Ordinance No. 198. ORDINANCE NO. 198 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.36 THERETO TO IMPOSE AN ADMISSIONS TAX. Motion: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance No. 198. Motion carried unanimously 5 -0. Mayor Mikels set April 6, 1983 for second reading. E. VACATION OF SERVICE ROAD - PARCEL MAP 6114. It is requested that the • public hearing for the vacation of the service road located on the south side of Foothill Boulevard in connection with Parcel Map 6114 be continued to May 4, 7983. Staff report by Lloyd Hubbs. Motion: Moved by Frost, seconded by Schlosser to continue to May 4, 1983. Motion carried unanimously 5 -0. F. AN ORDINANCP, AMENDING SECTIONS 4 AND 7 OF ORDINANCE NO. E7 CREATING AN ADVISORY COMMISSION. Proposed amendments to the ordinance will create a Chairman from the membership of the Advisory Commission to serve one year at the Commission's pleasure, and fix terms of new members of the Advisory Commission at two years. Staff report by Jim Robinson, Assistant City Manager. Mr. Robinson stated there were two changes which had been recommended by the Advisory Commission. a. That a Chairman be appointed. Sharon Romero has already been appointed as the present chair person. b. That terms of office be changed from four years to two years. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. • Mr. Wasserman read the title of Ordinance No. 87 -A. T • ORDINANCE NO. 87 -A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070 OF THE RANCHO CUCAMONGA MINICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. Mayor Mikels set the second reading of ordinance No. 87 -A for April 6, 1983• 5. CITY MANAGER'S STAFF REPORTS A. REQUEST FOR CONSIDERATION OF WAIVER OF OFF -SITE IMPROVEMENTS. A request has been submitted to the City Council to consider the waiver of off -site improvements located on Sierra Vista Drive. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public comment. There being no comments, Mayor closed the public portion of the meeting. Mr. Wasserman stated he was concerned that the appellant was not present, He recommended that this item be continued to April 6 to make sure the he had been notified, • Mr. Frost suggested that Council look at the 650 square feet provision. Mr. Lam stated we have a square footage requirement on the storm drain fees. The ordinance was devised to specifically address street improvements in areas that do not have standard street improvements. At the time Council wished a mechanism by which existing areas could be brought up to standard. The only way of doing this was at the time of building permits. It was decided that the 650 figure would be the reasonable size for expansion on a home. Motion carried unanimously 5 -0 to continue to April 6th. B. STORM DAMAGE STATUS REPORT - CONSULTANT SELECTION. Summary of progress on storm damage repair and request authorization to retain L.D. King Engineering to prepare plans and specifications for the repair of damaged streets. Staff report by Lloyd Hubbs, City Engineer. Mr. Hubbs stated that the agreements had just been approved by the city attorney, and therefore, tonight was the first that Council had seen them. The city attorney had made some suggested change$ to the agreements as follows: The lead -in portion of Section 7 should read as follows: "Section 7. METHOD OF PAYMENT. The estimated total fees for the services to be performed by Consultant are as follows: 2. Paragraph E of Section 7 should be revised to read as follows: n "E. Consultant shall be paid for services rendered on an hourly • fee basis. The hourly rates, mileage charges and other miscellaneous costs items, shall be as set forth in Consultant's Rate Schedule dated August, 1982, attached hereto as Exhibit ,A,," j. Subsection G of Section 7 should be revised to read as follows: "G. Consultant may submit to City, no more frequently than semimonthly, invoices itemizing all services performed by Consultant since date on which the last invoice was submitted. The amount shown on each invoice shall be paid within fourteen (14) days after submission thereof, without prejudice to the City's right to thereafter contest the accuracy of any such invoice, unless the City within said fourteen (14) da eriod notifies Consultant that such invoice is not accep nle In such event City shall notify Consultant of the reasons for the unacceptability of such invoice in order to allow Consultant to promptly respond and make any corrections, or supply any additional information, which the City may reasonably require under the circumstances." 4. Section 14 should be revised to read as follows: "Section 14. Termination of Agreement and Suspension of • Performance. City shall have the right, but Consultant shall not, to terminate this Agreement or suspend Consultant's performance hereunder after the completion of the preliminary study for locations 2, 4, and 7, or at any other time after giving Consultant fifteen (15) days notice in writing of City's intention to either terminate this Agrement or suspend Consultant's performance hereunder." Mayor Mikels opened the meeting for public input. There being none, the public portion of the meeting was closed. After considerable discussion by Council, Mr. Frost stated he was uncomfortable about approving a contract for such a considerable amount of money that he hasn't had a chance to look at. Mr. Rubbs stated he felt the problem that Council was having was with the five location contract which staff would want to go out to bid on within the next ten days. Approximately $7 -9,000 would be needed before the next Council meeting for the two feasibility studies, options on the larger work, and the contract for the five locations. Discussion continued. Mr. Buquet stated he felt this could not be delayed too long. After further discussion, Mr. Frost suggested that Council take a break and he would review this during that time. • •ue *• I 0 Mayor Mikels called a recess at 8;55 p.m. The meeting reconvened at 9:07 p.m. with all members of Council and staff present. * * * * ** After the break, Mr. Frost "stated he had time to talk with Mr. Hubbs during the break. He stated that the agreement doesn't adequately respond to the engineering required for improving a,. the same time we go in and talk about restoration and reconstruction. There is a need for some language clarification, but we have time for further refinements. He felt we were adequately covered during the next two weeks. Motion: Moved by Frost, seconded by Schlosser to approve with the recommended changes by the city attorney dated March 16. Motion carried unanimously 5 -0. C. UPDATE ON STATUS OF RTINANDA SPECIFIC PLAN. Staff will present an overview of the schedule for the Etiwanda Specific Plan, and request that Council consider setting the date of Monday, April 11, as the first public hearing. Staff report by Jack Lam, Community Development Director. Mr. Lam stated that a special meeting of the City Council be set for Monday, April 11, for public hearing on the draft Etiwanda Specific Plan, Draft EIR, and General Plan Amendment. • Council concurred. Time for the hearing was set for 7:00 p.m. in the Lions Park Community Center. D. RANCHO CUCAMONGA ADVISORY COMMISSION RECOMMENDATION'S REGARDING THE SALE OF SAFE AND SANE FIREWORKS. The City Council requested the Advisory Commission to review the City's existing policies relative to the sale of safe and sane fireworks and forward specific recommendations relative to: (1) quantity of booths allowed in the City, (2) who is expected to be final beneficiary of the sales, (3) who should be allowed to sell, and (4) how to increase safety factor. Staff report by Jim Robinson, Assistant City Manager. Mayor Mikels opened the meeting for public input. Addressing Council was: *Debbie Logan, 10350 Base Line, respresenti.ng the Rancho Cucamonga Junior Women's Club, stated they wanted to express concern over the quantity of booths allowed in the City. Also, the quantity of organizations who are able to apply for a booth. They urged some type of limitations to those who would be allowed to have a fire works booth. *Bob Plamondon, Rancho Street, Alta Loma, representing the Rio Grande Kawanis Club, stated they had studied the list of those who have asked for booths. He has discussed this matter with the Presidents of other service clubs such as Lions, Rotary, Cucamonga Service Club. They agree with the restriction of 10,000 per capita per booth. They expressed concern about the types of organizations in line for booths; in particular the small self interest groups who would man a booth and then disseminate the money among a very small group within the community. A service club already has projects that I they disseminate money to. Their request is that Council reconsider • the possibility of restricting the use of the booths to a club :or organization having a stronger dissolution of funds down from the club. They wanted to see the money go to the best possible use in the city. *Sharon Romero, Advisory Commission member, stated that the Commission discussed this issue in great detail as to who should be allowed on the list and why they should or should not be allowed. They came up with two things which made them decide to leave this as it was. (1). Once they have shown what the projected used would be within the community, then the council could decide whether the community would be benefitting. If it was a limited usage that was being used for the benefit of a very small portion of the city, then their request for a booth could be denied. (2). Was philisophical in making value judgements. If a group is a member of the community, then did it really matter that they shared a particular interest. If you grouped them right, then a lot of the people in the community do share interests and it should not preclude them from being on the list. Also, there was a strong feeling among the the Advisory Commissioners that the community would benefit from a fireworks show. *Chief Feuerstein stated that when he spoke before the Advisory Commission, they had discussed a number of things which could be done in the way of public relations and enforcement. One of the things mentioned was that a portion of the proceeds from the sale of • fireworks be contributed from each stand to youth programs. Some other suggestions by the Advisory Commission was to put on PR programs for not only the children in the schools, but the adults also; to mail out fliers to all the residents about enforcement on illegal fireworks, and to set up better control mechanisms for the illegal fireworks. Just to do that type of a mail out program would be very expensive. He suggested that if some of the money was to be channeled back from the stands, then perhaps some of the money could be used for the program itself. *Mr. Plamondon stated that each booth operator was to have a license. He felt this fee could be used for the purpose that Chief Feuerstein was talking about. How to increase safety factor -- he felt that even a printed form of a greater magnitude to hand out at each booth emphasizing the law would be quite helpful. He also pointed out that some of the small groups would have a hard time manning a booth. There being no further comments, Mayor Mikels closed the public portion of the meeting. Mr. Frost stated his concern was to go hack to the action that a prior Council had taken. It was his personal feelinF, that Council take a long hard look at this source of revenue which is available which would otherwise come from some type of public subsidy. • Mr. Frost stated that he felt the Council should set up some delineated guidelines for staff so they could do some screening without having to try to • second guess Council. Mr. Buquet stated that the intent when fireworks were first allowed was to help create a revenue generating source for service organizations. His concern now was there is a great deal of inequities in the make up of the groups. Some of the groups are over 1000 in members and other groups are less than 100. He felt there were organizations on the list that desperately needed the money, and there were other groups that this would be icing on the cake. He felt the present system needed to be evaluated by the Council and some type of strong policy determinations needed to be made. He felt there were some abuses in that some of the groups on the list were so similar in concept. He felt there needed to be some strict guidelines set regarding the kind of groups to be allowed a booth, and a very tight accounting process needed to be followed up concerning how the funding was being utilized. Mr. Dahl agreed with Mr. Buquet's appraisal. He felt they should deal with determining the criteria in which the organizations obtain the booths. The organization should show us in advance what their plans were for the use of the funds which would be of public benefit. There should be an accounting of the profits after the booths are closed showing the amount of profit that has been taken in by each organization to assure that we know the amount of money that should be allocated for public type funding, and a time frame should be submitted for the expending of the monies for the public benefit. Then after this has been accomplished, another accounting should be done to show that all • of the funds which were agreed upon to be spent for this particular project were expended. Mayor Mikels stated in ether words, a review of the benefits and an audit. Mr. Dahl stated yes. Mayor Mikels concurred with the comments by the other councilmen that we needed to tighten up the process. Mr. Buquet stated a subcommittee should be appointed to look into this in greater detail. Council concurred with the Mayor's appointment of Mr. Buquet and Mr. Frost to head the committee and come back as quickly as possible after reviewing criteria for eligibility, type of groups, budgets and audit situations, etc. Mr. Robinson asked Council for direction regarding the groups on the list for 1983• Council concurred that the 1983 groups remain as is. This would not affect them. Mr. Dahl suggested putting a freeze on additional names until after the committee report. Motion: Moved by Dahl to put a freeze on until after the committee report. The motion failed for lack of a second. Motion: Moved by Dahl, seconded by Buquet to place a freeze on additions to the list. Motion carried by following vote: AYES: Dahl, Buquet, Mikels NOES: None N\ ABSENT: None ABSTAINED: Schlosser and Frost Mr. Frost stated he abstained because he submitted the name of the Etiwanda Historical Society, and he desired that the record not suggest that he had any type of predetermination this action would be taken tonight. Mr. Schlosser stated that he did not believe we should have the sale of fire works in the city. This has always been his position. ADDED ITEM: CONSIDERATION OF RESOLUTION IN OPPOSITION TO EPA SANCTIONS. Staff report by Mayor Mikels. Mayor Mikels explained there was an emergency to get this to the proper organizations in time. He realized this was a non - agenda item. City Clerk Wasserman read the title of Resolution No. 83 -36. RESOLUTION NO. 83 -36 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE IMPOSITION OF SANTIONS BY THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY UPON THE SOUTH COAST • AIR BASIN. Mayor Mikels opened the meeting for public hearing. There being no response, the public portion of the meeting was closed. Motion: Moved by Dahl, seconded by Buquet to adopt Resolution No. 83-36 and to waive full reading. Motion carried unanimously 5 -0. F. ADDED ITEM: APPROVAL OF COOPERATION AGREEMENT FOR MULTIPLE FAMILY HOUSING REVENUE BOND. Staff report by Jack Lam, Community Development Director. Mayor Mikels opened the meeting for public input. There being none, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83 -37 and to waive full reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title of Resolution No. 83 -37. RESOLUTION NO. 83 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MULTI- FAMILY RENTAL HOUSING MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDI40 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT . BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY. 0 6. CITY ATTORNEY'S REPORTS City Attorney had nothing to report. 7. COUNCIL BUSINESS A. DISCUSSION OF THE LAS VEGAS SUPER -SPEED RAIL. The feasibility study to determine the viability of constructing a high- speed /super -speed transportation system linking Los Angeles with Las Vegas is completed. The report states that a 250 mph Maglev system can be built by 1991 and will operate profitably. Item requested by Mayor Mikels. Mayor Mikels stated he placed this on the Agenda since the potential terminus of the train would be near I -10 and I -15. They were talking about a parking lot for approximately 7,000 cars. There will be an impact upon our city as well since it is proposed that under the Ontario alternative, the right -of -way along I -15 on the east side will be utilized to come down through our area to that terminus. A draft has been included in the agenda packet which would be signed by Supervisor Townsend and John Longville as President of the San Bernardino Associated Governments in response to Las Vegas Mayor's letter in respect to seeking our support. Mayor Mikels felt we should go on record now if we have any concerns or comments. • Discussion followed by Council. Mayor Mikels opened the meeting for public input. Addressing Council were: *Art Bridge stated he felt very strongly that it was very serious to use this type of funding whether it was public or private to develop a transportation system to benefit an undesirable industry. fie felt there were other transportation problems where these funds could be used. He would like to see Council go officially on record opposing the whole project. *Jeff Sceranka spoke as an individual resident of the community. He was totally opposed to this project. Las Vegas doesn't pay state income tax, and this would benefit them. He opposed taking funds away from this area to help Nevada in this. Motion: Moved by Dahl, seconded by Schlosser to go on record that the Rancho Cucamonga City Council is in opposition to the Las Vegas Maglev System. Mr. Frost read sections of John Longville's letter in their agenda packet. Specific questions and clarification of items in the Environmental Impact Report have been addressed; he felt Council should hold off such a firm position until we receive a response to these issues. After further discussion, Council voted as follows to go on record in opposition to the Megalev System. AYES: Dahl, Buquet, Schlosser, Mikels NOES: None \1� 0 ABSENT: None ABSTAINED: Frost B. DISCUSSION NEGANDING MEDIAN ISLANDS FOR THE CITY. Item requested by Councilman Dahl. After considerable discussion by Council, Mr. Lam suggested that since the City already has many policies regarding median islands that the staff should compile all of these and come back to the next Council meeting for further consideration of the item. Council concurred. C. DISCUSSION NEGANDING STREET RAR AS IT CONCERNS THE INDUSTRIAL SPECIFIC PLAN. Street located parallel to Raven Avenue on east side between 4th and 6th Streets between Utica and Haven. Item requested by Councilman Dahl. Mr. Dahl stated he was looking for a recommendation from the Planning Commission on this item. Council concurred in making this an information referral to the Planning Commission to provide information to the City Council. RRRRR Mayor Mikels called a recess at 11:15 p.m. The meeting reconvened at 11:23 • p.m. with all members of the Council present. RRRRR Mr. Buquet stated there was a couple in the audience who wanted to address Council. He felt Council should hear them now since the next item might take considerable time. Council concurred. Charles and Maxie Dunkel addressed the Council. They announced they were organizing a new Moose Lodge in Rancho Cucamonga. They invited the Councilmen to join and to encourage others to consider joining their group. They detailed the type of organization they were and the projects they supported. Mayor Mikels welcomed them to the City. D. CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION. Mayor Mikels opened the meeting for Council consideration to fill the vacancy on the Planning Commission. He stated that according to the Ordinance, the Mayor nominates and the Council ratifies. They had received three new applications, plus some twenty or so letters went out to former applicants on file to see if they were interested. After reviewing the applications and speaking with individual members of the Council, he wished to present the name of Addle Juarez for consideration. He opened the meeting for nominations by other members of the Council. Mr. Buquet felt he would like to continue this since he did not have adequate is time to talk with the candidates which he did not know. Motion: Moved by Frost, seconded by Dahl to Council to request an unanimous • vote for the nomination of Addie Juarez by the Mayor. Mayor Mikels opened the meeting for other nominations. Mr. Buquet nominated Bob Dutton. There being no further nominations, Mayor Mikels closed the nominations. Mr. Frost asked the mayor how he was going to deal with the motion on the floor. Mayor Mikels stated he would entertain the motion after the counting the ballots. Mr. Dahl stated he would withdraw his second until after the ballots were counted. City Clerk Wasserman handed out ballots, and then collected the voted ballot. Beth City Clerk and the Mayor counted the ballots. Mr. Wasserman showed the voted ballots to the Council. Mayor Mikels stated that there previously was a motion on the floor which the second had been withdrawn. He asked if there was any objection for that motion being put back on the floor by the mover so the selection would be an unanimously selection by the Council. Motion: Moved by Frost, seconded by Dahl to uanimously approve the nomination of Addie Juarez for the unexpired term on the Planning Commission. The motion passed by the following vote: . AYES: Dahl, Schlosser, Frost, Mikels NOES: Buquet ABSENT: None Mayor Mikels stated that the vote reflected the way the ballots were cast. 8. ADJOURNMENT Motion: Moved by Dahl, seconded by Schlosser to adjourn to an Executive Session, not to reconvene. Motion carried unanimously 5 -0. The meeting adjourned at 11:45 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk VJ 0 0 April 6, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reo:ular Meeting A regular meeting of the City Council met on Wednesday, April 61 1983 in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikels. Present were Council members: Richard M. Dahl, Charles J. Buquet, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Attorney, Ted Hopson; Community Development Director, Jack Lam; City Planner, Rick Gomez, City Engineer, Lloyd Hubbs; and Finance Director, Harry Empey. Approval of Minutes of February 16, 1983 and March 14, 1983. Inadvertently the February 16 minutes had not been included the Agenda Packet. Motion: Moved by Frost, seconded by Schlosser to approve the minutes of March 14, 1983. Motion carried 4 -0 -0 -1 (Dahl abstaining since he was not present at the meeting). 2. ANNOUNCEMENTS a. Thursday, April 7, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION - Lions Park Community Center. b. Monday, April 11, 7:00 p.m. - SPECIAL COUNCIL MEETING FOR ETIWANDA SPECIFIC PLAN HEARING - Lions Park Community Center. c. Mr. Dahl announced the Foothills Community Plan meeting on April 12 at 7:00 p.m. in the Library Conference Room. d. Mayor Mikels announced the transportation improvement plan for the County was approved by SANBAG. Included in this Plan were the interchange improvements at I -15 and Foothill Boulevard, and right -of -way protection funding for Route 30 for the next two years and recommendation for active acquisition to commence in 1986, funding for the Route 30 and I -15 interchange, as well as construction of Phase I of Route 30 to begin in the 1987 -88 year. Other topics discussed were the harardous waste citing, the Las Vegas Meg -Lev Train, and West Valley Transportation Study. e. Mr. Wasserman requested item 6F be added to the Agenda, Consideration of Harness Racing at the Los Angeles County Fairgrounds. Also requested that the meeting adjourn to an Executive Session following the meeting. 3. CONSENT CALENDAR a. Approval of Warrants, Register No. 83-03 -31 and Payroll ending 83 -03 -20 in the amount of $116,324.02 and Warrants Register No. 83 -04-06 in the amount of $259,984.71. 0 b. Approval of Warrants, Assessment District 82 -1 for February 1983 in the amount of $1,136,421.95. c. Request authorization for Community Services Director to attend the League of Cities Community Services Conference, Fresno and the National Recreation G Park Association Revenue Management Institute in San Diego. Requested expenditures are from within the Community Services Department, budget. d. Release of Peal Property Improvement Contract and Lien Agreement requested by Thomas and Barbara Trombatore for completion of improvements at 6881 Amethyst Avenue. RESOLUTION NO. 83 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND BARBARA TROMBATORE. e. Acceptance of Improvement Agreement and Security for 6123 Amethyst Avenue submitted by Harley and Leah Levitt. RESOLUTION NO. 83 -39 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 6123 AMETHYST AVENUE. f. Acceptance of Street Improvement Agreement and Security for CUP 82 -01 submitted by Etiwanda Investment Company (Pic -N- Save). RESOLUTION NO. 83 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE STREET IMPROVEMENT AGREEMENT AND SECURITY FOR CUP 82 -01. g. Approval of Subordination Agreement for 6557 Mulberry Avenue submitted by Mr. and Mrs. McInturf. RESOLUTION NO. 83 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAV07GA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM MR. AND MRS. MCINTURF AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME, h. Set Public Hearing - April 20, 1983 - Environmental Assessment and Planned • Development n; -02 (Tentative Tract 12362) - Rancho Center. A change of zone from R -3 (Multiple Family Residential) to R -3/PD (Multiple Family Residential /Planned Development) and the development of 88 units arranged 0 AP! ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.0217 OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE CREATING A SENIOR HOUSING OVERLAY DISTRICT. ' Motion: Moved by Buquet, seconded by Schlosser to waive entire reading of Ordinance No. 193• Motion carried unanimously 5 -0. Mr. Dahl stated he had concerns with Ordinance No. 193, Section 6a, "Reduction in Required On -site Parking." He felt the reduction in the required on -site parking to a minimum ratio of .5 non - covered parking spaces per unit was too low. He favored setting this at .7. After considerable discussion, Council concurred with the recommended change. Motion: Moved by Dahl, seconded by Schlosser to change Section 6a in Ordinance No. 193 to require a ratio of .7 non - covered parking spaces per unit. Motion carried unanimously 5 -0. Mayor Mikels set April 20 for second reading. City Clerk Wasserman read the title of Resolution No. 83-113 • RESOLUTION NO. 83 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING SENIOR HOUSING OVERLAY DISTRICT ADMINISTRATIVE GUIDELINES. Motion: Moved by Dahl, seconded by Schlosser to approve Resolution No. 83 -43 and to waive full reading. Motion carried unanimously 5 -0. B. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -03 - CALMARR. A request to amend the General Plan Land Use Plan from medium -high residential (14 -24 dwelling units /acre) to high residential (24 -30 dwelling units /acre) for the development of 161 affordable senior citizen apartments on approximately 4.55 acres of land located west of Archibald, and north of Base Line - APN 202 - 151 -34. (Related file: PD 83 -01). Item continued from the March 2, 1983 meeting. Staff report by Rick Gomez, City Planner. Mr. Buquet suggested that the parking area be relocated in order to increase the buffering between the two types of units. Larry Pearsons of Calmark stated that this would be possible. In fact they had already considered doing this and relocating the parking areas along the northern perimeter. Is Mayor Mikels opened the meeting for public hearing. Addressing Council were: Frank Guayante, VIP Club member, expressed concerns regarding the mixing of the two types of housing, and also the issue of the heavy landscaping. He felt this would be conducive to hiding burgulars. as four- plexes on 6.4 acres located south of Base Line, on the west side • of Hellman APN 208- 011 -02, 04, 71. . i. Foothill Boulevard and Hellman Avenue Cooperative Agreement with CalTrans. Recommend approval of agreement with CalTrans for cooperative funding of intersection widening at Foothill and Hellman. CalTrans contribution $25,000. Also cover City share of $15,000 for guardrails at Turner and Foothill. j. Staff request for payment of claim from Gordon and Edena Myers. k. Acceptance of Agreement, Security, and Final Map for Tract 11734 submitted by American National Group located at the northwest corner of Arrow Route and Vineyard Avenue. RESOLUTION NO. 83 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11734. Motion: Moved by Schlosser, seconded by Dahl to approve the Consent Calendar. Motion carried unanimously 5 -0. 4. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 83 -02 - Ordinance to include an overlay district containing various development incentives to produce senior citizen oriented multi - family housing, as well as site development and general overlay district location criteria. For consideration and Council consideration, continued from the March 2nd meeting. Staff report by Pick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Wilma Brenner, member of the VIP Club and senior citizen of Rancho Cucamonga. She urged Council to out through the red tape in order to get these available for seniors as soon as possible. Larry Pearsons, Calmark Corporation, felt they could live with chat is being, presented tonight. The agreement would meet the needs of the City as well as themselves. Mimi Rahl, Lewis Homes, felt that several elements in the proposal were over restrictive. She went over each item. • There being no further response from the public, Mayor Mikels closed the public hearing. City Clerk Wasserman read the title of Ordinance No. 193. • ORDINANCE NO. 193 (first reading) A 11 Wilman Brenner started to respond to his concerns. Mayor Mikels directed her to speak to Mr. Guayante since she had been on a tour, had seen one of these projects, and understood the concerns. Sharon Romero asked where the recreational area was. She also asked if there was an access from the apartments to the shopping center without cutting through the senior citizens area, and is there something to keep the kids from shortcutting through the area. Mr. Gomez responded by pointing out the recretional area, and stated that there was a locked gate for access to the shopping center. Larry Pearson stated they had met with staff and the VIP group to mitigate most of the problems. There being no further public input, Mayor Mikels closed the public hearing. City Clerk Wasserman read the title of Resolution No. 83 -26. RESOLUTION NO. 83 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE PLAN • OF THE RANCHO CUCAMONGA GENERAL PLAN. Mr. Schlosser recommended that Resolution No. 83 -26 be approved at the same time as the enableing Ordinance No. 201 is considered. Council concurred. C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 83 -01 (PARCEL MAP 7827) - CALMARK. A change of zone from R -3 (multiple - family residential /planned development) to R -3 /SO (multiple family residential /senior overlay) and the development of 269 apartment units, of which 161 are intended for senior citizens, on 9.78 acres generally located west of Archibald, north of Base Line - Parcel 2 of Parcel Map 5792 - APN 202- 151 -34. (Related file: CPA 83- 03). Item continued from the March 2, 1983 meeting. Staff report by Rick Gomez, City Planner. City Clerk Wasserman read the title of Ordinance No, 201. ORDINANCE NO. 201 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING A PORTION OF ASSESSOR'S PARCEL NUMBER 202 -151- 34, DESCRIBED AS PARCEL 1 OR PARCEL MAP 7827 AND LOCATED WEST OF ARCHIBALD, NORTH OF BASF. LINE PROM R -3 /PD TO R- 3 150. Motion: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance 'Jo. 201. Motion carried unanimously 5 -0. Mayor Mikels set April 20 for second reading. Motion: Moved by Buquet to relocate the parking at the south end of the • market rate portion of the project to the north side of the project with the, spaces dispersed around the outer edge of the market rate portion of the project in order for the original parking area to become an emergency access and buffer between the market rate housing and senior citizen housing. Larry Pearsons stated that the artist's rendering showed the emergency access to be a grass area. Motion by Mr. Buquet, seconded by Dahl was approved 5 -0. Mr. Frost recommended that a second gate be put at the end of the sidewalk on the west side of the cul -de -sac. Mr. Buquet expressed that another gate and opening would create more problems. Mayor Mikels recommended that we keep this as planned originally. As problems come up in the future, then the developer can address this at that time. RRf Rf Mayor Mikels called a recess at 9:05 p.m. The meeting reconvened at 9:27 p.m. with all members of Council and staff present. # #RRR D. VACATION OF A PORTION OF 7TH STREET. Vacation of a portion of 7th Street • adjacent to California Finished Metals located on the southeast corner of 7th Street and Center Avenue. Item continued from March 16, 1983. RESOLUTION N0, 83 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF 7TH STREET. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Council concurred in continuing the item to May 18, 1983. E. ORDERING ANNEXATION NO. 12 FOR TRACT 10045 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83-44. RESOLUTION NO. 83 -44 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION kp • NO. 12 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT NO. 10045• Motion: Moved by Schlosser, seconded by Buquet to approve Resolution No. 83- 44 and to waive full reading. Motion carried unanimously 5 -0. F. CGMMuNill unvnWr.. ve --- --- - -- -- - - - - -- OBJECTIVES /PROGRAM FUNDING. In order for the City to receive funding under the CDBG Program, the Federal Department of Housing and Community Development requires that the City publish, distribute and hold a public hearing on its intended program. Staff report by Rick Marks, .Associate Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: William D. Swaine, 6964 Shamrock Lane, representing a group called, Concerned Citizens. He wanted to present a proposal in more detail to answer citizens anticipation for distribution of food to senior citizens and provide emergency shelters in addition to part time employment. He stated the proposal would outline how these would be accomplished. There being no further response from the public, Mayor Mikels closed the public hearing. • Mr. Frost expressed to Mr. Swaine that he not put a whole lot of time in their presentation since he might be wasting time, unless the dollars come in from the federal government more quickly. Mr. Schlosser stated that this would be a duplicate program to one we have in the city already. We felt we should take care of our present programs first. City Clerk Wasserman read the title of Resolution No. 83-45. RESOLUTION NO. 83-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A STATEMENT OF COMMUNITY OBJECTIVES AND PROGRAM FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-15 and to waive full reading. Motion carried unanimously 5 -0. G. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 83 -01. An amendment to Chapter 1, Section 1.08.160 4 1.08.170 of the City of Rancho Cucamonga Municipal Code regarding home occupation permits. Staff Report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Rick Gomez read the title of Ordinance No. 199• ORDINANCE NO. 199 (first reading) • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 1.08.160 AND 1.08.170 OF THE CITY OF RANCHO CUCAMONGA MUNICIPAL CODE REGARDING HOME OCCUPATION PERMITS. Mr. Dahl stated that because the economy has been so bad and money has been so tight that he has become interested in home occupations. He questioned item 9, "the use shall not involve storage of materials or supplies in an accessory building or outsida any structures." in that there might be a need to have to require some structure to store things. Mr. Lam stated that a lot of the conditions which are attached to ordinances relate to the ability to enforce. There is seldom a problem with home occupations. Only in cases when a person is storing items excessively such as lot of lumber or machines. In these cases, this would allow us the enforcing ability. Mr. Dahl stated he felt the ordinance was necessary, but felt licensing should be exercised with discretion. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 199• Motion carried unanimously 5 -0. Mayor Mikels set second reading of Ordinance No. 199 for April 20, 1983. • 5. ORDINANCES FOR CONSIDERATION A. AN ORDINANCE ESTABLISHING A TRANSIENT OCCUPANCY TAX. An ordinance proposing a transient occupancy tax for motels. Staff report by Harry Empey, Finance Director. Mayor Mikels opened the meeting for public hearing. There being none, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 197, ORDINANCE NO. 197 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.40 THERETO TO IMPOSE A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY. Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 197. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. • 198. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Mikels L964 • NOES: Frost ABSENT: None B. AN ORDINANCE ESTABLISHING AN ADMISSIONS TAJI. An ordinance proposing an admissions tax for theaters and similar recreational activities. Staff report by Harry Empey, Finance Director. Mr. Wasserman announced that the Chamber of Commerce Legislative Committee had reviewed this ordinance this past week. It was approved 15 -1. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 198. ORDINANCE NO. 198 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.36 THERETO TO IMPOSE AN ADMISSIONS TAX. • Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 198. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. 198. Motion carried by the following vote: AYES: Buquet, Dahl Schlosser, Mikels NOES: Frost ABSENT: None C. AN ORDINANCE AMENDING SECTIONS 4 AND 7 OF ORDINANCE N0. 87 CREATING AN ADVISORY COt41ISSION. Proposed amendments to the ordinance will create a Chairman from the membership of the Advisory Commission to serve one year at the Commission's pleasure, and fix terms of new members of the Advisory Commission at two years. Staff report by Jim Robinson, Assistant City Manager. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 87 -A, ORDINANCE NO. 87 -A (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCMAONGA, CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 7..28.070 OF THE RANCHO CUCAMO.'JGA MUNICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 87 -A. Motion carried unanimously 5 -0. • Motion: Moved by Schlosser, seconded by Dahl to approve Ordinance No. 87 -A. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None 6. CITY MANAGER'S STAFF REPORTS A. REQUEST FOR CONSIDERATION OF WAIVER OF OFF -SITE IMPROVEMENTS. A request has been submitted to the City Council to consider the waiver of off -site improvements located on Sierra Vista Drive. Staff report by Lloyd Rubbs, City Engineer. Mayor Mikels opened the meeting for comments from the applicant. Steven Sensenback presented his request to the Council. Discussion followed by Council regarding former prescedence. Motion: Moved by Dahl to deny the appeal and uphold the conditions of Ordinance No. 58 and to condition a lien agreement in connection with the • development of the tract 9563. For lack of a second, the motion failed. Mr. Buquet stated he felt the applicant should not have to take up the improvements for half the street. Motion: Moved by Dahl, seconded by Frost to deny the appeal, uphold Ordinance No. 58, with conditions of a lien may be called in when a tract develops or the city develops the street. Motion carried by the following vote: AYES: Dahl, Schlosser, Frost, Mikels NOES: Buquet ABSENT: None M*RR .*♦ Mayor Mikels called a recess at 11:00 p.m. The meeting reconvened at 11:13 p.m. with all members of Council and staff present. •1111Y B. REQUEST FOR RECONSIDERATION OF GENERAL PLAN AMENDMENT 83 -01A. A request has been submitted by Raveewan Kanokvechayant, M.D. to appeal a Planning Commission decision relating to General Plan Amendment 83 -01A. Staff report by Rick Comes. Dr. "K" was present to request Council to continue this to May 4, 1983 • although she had sent in a written request prior to the meeting. Motion: Moved by Dahl, seconded by Schlosser to continue. item to May 4, 1983. Motion carried unanimously 5 -0. �D 0 C. ALTA LOMA PARR RESTORATION STATUS REPORT. Presentation of bids for seeding and improvement of Alta Loma Park and review of project budget. Staff report by Lloyd Hubbs. Motion: Moved by Schlosser, seconded by Dahl to approve staff's recommendation to award contacts to Sunrise Landscape for $21,000 and J. H. Concrete for $11,676.25, low bidders, and to appropriate a total of $76,000 from the Park Development fund to complete the Alta Loma Park Renovation Project. Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. Motion carried unanimously 5 -0. D. DISASTER REPAIR ALT'ERAAXIV� ­. W-•••• ^• • -- -- AVENUES. Review of consultant's preliminary report on restoration and improvement of Hellman Avenue between San Bernardino Road and Palo Alto Street and Hermosa Avenue, south of 19th Street. Staff report and slides were presented by Lloyd Hubbs, City Engineer. • Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. Motion: Moved by Buquet, seconded by Dahl to approve the full development program for Hellman Avenue. The program would combine reconstruction of Hellman with the Foothill and Hellman intersection project and construct Phase 1 of the Beryl - Hellman Storm Drain through a loan of the Systems Development funds to the Drainage Fee fund. Estimated project budget is $1,100,000. Motion carried unanimously 5 -0. E. DEVELOPMENT OF A CITY FINANCIAL PLAN. Council discussion of the need for a city financial plan with direction to staff as to the type of plan desired. Staff report by Jack Lam. Mayor Mikels opened the meeting for public comment. Addressing Council were: Garry Drown, Executive Director of BIA, posed the following questions: Once the Plan was in place, needed to know (1) how it will be financed, (2) who will finance it, (3) what financial mechanisms exist. To talk about nees now is shortsighted because there is no long -term financial plan in place. Money had been spent a number of years ages and a Plan put together. However, the previous plan never really was completed and implemented. They were not asking to reinvent the wheel, but to complete and use the work done previously. Joe DiIorio felt it would be inconceivable not to complete a Financial Plan. He felt the following should be done: (1) get the Financial Task Force up and going, (2) get the update on the computer model up and going, (3) try to get some free services from financial ties, (4) then hire attorney's, etc. to put the package together, (5) representatives from the • private sector, the BIA, and Chamber should be included. Mr. Dahl suggested that a Subcommittee of the Council be formed to study the five issues presented, and to come back to council with alternatives. The five issues are: a. what kind of financial plan does the Council find appropriate (short term or long- term)? b. What scope of work should the plan include (local, regions, major task, etc.)? C. Should the financial forecasting model be converted to micro computer to allow local updating and accessibility? d. Extent of involvement of plan development and review? C. How to pay for the study and level of participation to all interested parties? He felt the Mayor should be involved with this. Motion: Moved by Dahl, seconded by Schlosser to form a Subcommittee of Frost and Mikels to work on this with those who have been working informally on this • and to report back to Council. Motion carried unanimously 5 -0. 61. ADDED ITEM: CONSIDERATION OF SUPPORTING CITY OF POMONA'S REQUEST FOR HARNESS RACING AT THE L03 ANGELES COUNTY FAIRGROUNDS. Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. Discussion followed by Council. Motion: Moved by Frost that the City take "no position" on the basis of inadequate information. Motion died for lack of a second. Motion: Moved by Buquet, seconded by Dahl to support the request by the City of Pomona. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: None ABSENT: None ABSTAINED: Frost 7. CITY ATTORNEY'S REPORTS A. EMERGENCY ORDINANCE TO IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES. Report presented by Ted Hopson, Assistant City Attorney. • Mr. Hopson presented a recommendation from the City Attorney's Office to adopt a moratorium on adult businesses as an urgency measure for a period of 45 \I)- • days. In the latter part of 1982, there were a number of appellate and supreme court decisions which came down. There is a possibility that those court decisions may effect the ordinance which Rancho Cucamonga has adopted in the past. Because of their desire that the city not attempt to enforce unconstitutional ordinances, _. or that the ordinances that the City has not be declared to be unconstitutional as enforced, the recommendation from the City Attorney's Office that Council adopt the moratorium that has been suggested with the findings that will allow Council on a 4/5's vote to adopt the ordinance as an emergency measure which would be effective immediately and for a period of 45 days. This is not in response to any particular problem or use, but is a way for us to be sure that what we do is consistent with the latest appellate cases. The moratorium would effect any type of use permit for an adult business as defined and would bar or prohibit any permit to be issued by the City during the moratorium period in any zone in the City. Mayor Mikels asked for a definition of "adult business." Mr. Hobson read Section 17.20.020 in the Municipal Code which defines "adult business" as any adult bookstore, adult mini - motion picture theater, adult motion picture theater, adult caberet, message establishment, or sexual novelty store. Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Buquet to adopt Ordinance No. 200 as • an urgency measure. City Clerk Wasserman read Ordinance No. 200 in its entirety. ORDINANCE NO. 200 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None 8. _COUNCIL BUSINESS A. CONSIDERATION OF SETTING A SPECIAL ADJOURNED COUNCIL MEETING TO DISCUSS Council set up the following meetings: .� Tuesday, April 19, 1983 at 7:00 p.m., for Route 30 meeting. Monday, April 25, 7:00 n.m., Lions Park Community Center, to consider the Mello -Roos Community Facilities Act. I\ Monday, May 2, 1983, 7:00 p.m., Lions Park Community Center, to consider • Community Goals. B. CONTINUATION OF DISCUSSION REGARDING MEDIAN ISLANDS FOR THE CITY. Item was originally requested by Councilman Dahl at the March 16 city council meeting. Council requested that staff compile all city policies relating to median islands and bring back to council for further discussion. Councilman Dahl requested that the item be continued because of the lateness of the hour. Motion: Moved by Dahl, seconded by Buquet to continue item to the next meeting. Motion carried unanimously 5 -0. C. STATUS REPORT ON FLOOD CONTROL WASURE N. Lloyd Hubbs, City Engineer presented item. He stated they are looking forward to placing this item on the November ballot. Mr. Buquet stated that two members from each City will be working on this. This time if there were cities who were not interested in this, they would be excluded. The next meeting will be April 21 at 9:00 a.m. at the Ontario • Chamber of Commerce office. Mayor Mikels stated that both the parks issue and this one should not be on the same election. Some discussion followed regarding this. Motion: Moved by Buquet, seconded by Schlosser to support the effort for placing a Measure on the November ballot. Motion carried unanimously 5 -0. 9. ADJOURNMENT Motion: Moved by Buquet, seconded by Dahl to adjourn to an Executive Session, not to reconvene this evening, but to reconvene on Monday, April 11, 1983 at 7:00 p.m. in the Lions Park Community Center for the Etiwanda Specific Plan Public Hearing. Motion carried unanimously 5 -0. Meeting adjourned at 12:35 a.m. Respectfully submitted, Beverly Authelet Deputy City Clerk r� U \A 4.plf 1 v No# F H f, I I v E eqoo I V'!'• fl*n " dI I C1.-11T cq^C I Y - I T . I `-S 1.1 1 CN.-IT O�acq )IIIZI 011111 1, [ITS Ict" 1 111 1-411�1111� 'Iv 1.15d, -', I C-14 - .1 11 STAIF 1159, 1 JE UINIL 1114II'l ((" ll� LITTrP. I I SiGIM It Ici LI: III,- . f- � ' WFWANI S Ell- (­F P�NNCFr l"191 J U 5 PPSTMA',I=� v:111 FI' 1. ;]1TC [1P,1t1T[,1 I", �� ) 1 1" 1 "1 3`1 N Ii5q, I " " Vt. S l 1 .14.; 1 Al ft I I Y q I ? P.' ; I I '� I � I Y !' ':Jt l! -,Y5 101, 1 0110 AC I C� TIiPVf I AF. �.CY �111 II I "I'll 71� IF 7C19 CA "-' IF R-i'AUFAL FIN Illf' I I- TrV. ILISA4. 11:�C- 141 1 '0111I I C I F 1. F :i - Ni'," I UE I I I'. +' Lit P. Yell IT : , ., , " , , 11 11M.1 I fl'' - I I "; T- I It AlrNt Y 1.161 1 4111 -.1 ' IC It E I �1'1'41 "VING 11. 6 1 1 7�1,4 I Ir'Pil iY 10 r. I F CITY I ilClif IF r.AmrVG ICE]] 0944 PANOW CUCAPPNGA r"?LCY TINS] 3 F41C SL' CAL IF LAhr3%CAPF Mc;MT ill r T-i' I Y�" -11 1 E III 1; 1 11 11 1 IT :; VIY II I � 197? I I I I 'IN `Ir r., PIP Cr u "11?4 1 , rr L AIVU ': PRIXUCT q I N1. I^Lzl - 'f^ I I A I ;162 1 1 2.jr iiAkK IF 11-FPIrJT 11-17 I'll, I'16I%is LINT FeNcvn 1 19C4 2525 Str-%AL MAINTFNANCE WARRANT PFCC&C ILTO 4129/1313 NARK IfUPF.1l IT ISCCUNT VATF RHEREIsCE I/11/ - 021/- 4171/F3 4/11/-3 4/21/83 4M/P.3 41221fl 4/r.6YP.3 4/C6/83 FINAL TOTALS NET PAGE• I ')I 11ee7 CITY of RANCHO CUCIYCNGI NARRAM1} pECJ,1pbNCI L 5104/83 FACF l ' Y19R I vEN Y v E H C C R x I K E pAT� tlIAIIfA ! OISCOUNT NET PEFFRREVCE 1/ I9 C2A VCIO F':RHS ALICAOr NT 5)94/51 Igi t d.21 YC1T1 [na•5 I(IrknFNT 5 /O4 /n3 1"0)8 VC I9 FCP" AL ICNWNT 5 /G4 /F. I '/ lE CI 2q L "'fC LRhS AL tCA8f KI 1051E3 160)0 C6Cl A i ECL IFN F4T PFNTAIG ] /04 /E3 103.48 IeC31 0.C♦ A- LlhtA 5164 /El 103. 10032 CC13 AC351A. JOCY 41041P3 CC V 19033 190]4 CC 'l CC I ALT A7T1 FIFE MIR ]l!IA /E3 5104 43.CC 1.QC 1'03° C2a) co ILIA LCMA FLeCIST /F3 SIJ4183 22.19 IR93F C2E0 ASPE[SF. FNay •)35)a. ,16 2C 1 O 10033 C 10 AUSTIN, Pce 51.`4193 345.fC 11039 1261 AWFPTCA 231 18040 1300 BANK OF NI C 54 BASF`IhE FIPOAAPF !184 /el J04 /P3 834.G I8C41 1904. 375 1-41 KING SLEK e"FFIFLr PLAHh1AC ]Ip41s3 59.!3 59.50 V` IJf 1f 41 11tH Cfuf N'!4Kr Ftcle ] /141.1 5 /041ef IA " 94L °C 11 IPGµ IV 945 11"9 I9 CC 9tlPY. FCSI.NN C C EIVGIV FM ]/ ^.4 /PI 1.92f .6C lPp4< 2045 (hG PIinT ° /04 / 11 20.1FS.T5 1 P041 CALIF L vCC F'EATIC °1 5/04/83 °104/83 IE 048 2C46 CAL LC CP vS E FEf AF 5104/81 113.6! 203 ^53 CALI FAA C FGMPl4i IM1 1.21 1804q 2 CAP1�9. CIPPFLI !1n41v1 4.35 110]' IRO32 2102 CP.SMII U3{f". SIrA SIP G/44/ei ' 1rv45.ii 190]2 Ue2 D'F uA /U4 /P3 lP0 °.1 2214 2115 111! r..0 C+'4 go w! F9 CFPy, CITY 1/0 ((B; P /C4 /Pl 54.gC .9T 3 70.44 r 1 IPO!4 2115 R NTACHS CLAY 9ChlAl •f OC/83 1)9.41 IFO •] ) °2C CL A1(MCAT Pl L'CLtINT CO : /041X3 42.44 180$] 2)35 Cr A C11 FLIT NC INC ./04/13 332.0 19055 73,2 <C `` CC . S In A FC}FHPN15C53 5/041!3 C4 /B3 C3 p I9i leC59 2511n LCVIALTCN C CPCHE �/U4/93 S 0C 5.91,8.35 I PUAC I4..I VCIO )575 VENCCi hr. 2575 CHCAPPACA C1 HAfro rl" /C4163 SIpURt aPG,iT Z)p<4I V'. I'.3 p.G b..'. I1 ^63 Uatl VALILA 1/05%111 3 to ^3. 216 Av T,.S C.n. SUSIE 5/04/95 ` 13065 '13066 2150 29CI GILT. OICT AF FC NF /G4 /P3 3/04183 T3'i.4e I 2904 IA GAYLE . /CGlet q•I.Cf 5.10 MO. MO.[1069 2218 VIAN AF PAQEI !/C4/P3 815.10 O 3215 FAPFATI YANY , 5 /04/03 � 071 10 2) 31 '.1 ii NE E C4 9 15.00 P CE !I/ eCT2 !SM3 3211 719 Nf• GhA'E CUIf•T PC91 5/04/93 15.CC t P ,104 /n 15.00 1807.5 , - C 5/n4/03 ^1.90 4C 0'. F C F CMFC.K PPOTFCTCn C ! /C4 /A3 IP�Ly 1 AIIS F.NTAA A PnV C.' (.4c 5 /OA E3 1 18.61I0s.•U 3 J 4115 F007111 ATICAS ! /r.41P1 R011 n Ti 4.68 GAGNE LIN"A /04/81 ISO.0 IlC79 °O 4630 GF .XL CC 5/94/ ✓3 419.2 1P0 4000 GOlOEM11 IpLIH P EN. IRIIN 1 4G 150.04 1 / IC'9? 1010 BAYEf VEL01VG. A NY 5104 /el 31.04 IFIP) 4115 I!I -HAY SAFIT♦ 11C ! L651.00 1 8.'194 411S 11^ILIOIY P[CR Cf IAf. 5 /04/81 LU84.59 I -A LEC•5 4915 5 Y N01T LUNAEK CG ])041e3 FL.06 16878 5110 ION •/04183 821.11 IBC 1 IPO 7 5112 3145 IN_COFh. JOSIE IFS SCPVIL CS INC 5104/93 5104 181 29 T.0 21040.00 -� 16Oe'l 215 1411 CITY KCNT BSS CC /04/83 1P00. ^]9I 1115 J H CCnCpF IC 5/C4/93 ,00 494 OC 1 6185 JCNNSCN. RCAALC !I Oi /e3 I"P% 6C.0 K(AC FACENCCRS. l C ! /04 /Fl 0.216.04 T6I.4A IQI 1 P CR3 fIC2 RI AK CS 5/01/93 L� IK0•H 6l C4 KLEEh LINE (CP9(PA1ICN 3/04183 {36.36 ' 18C9A 6615 v.U2LLT1CV(C., l Cfee[E 3i °^ ^lie 594.cep IB(Owl Be j 3C In PfiLFP fiSULTAYTS 5.550. 15099 EATS LAHSCL PRCCUCTS INC !/04/63 9,93 10 1 A Ny6T llTr CF Lan(H: (U C.or via �Q MAAR 0 YEN A V E n C C A N A N E T ' 19100 4011 ICCUF, SILTY n IN 1:11 [tv> K T.IIn. Pb,ARA ICIC+ ) °T ^I TaC YI? CG:.P I o1L) ]ICJ. . I ,, Et;. Jfn 9 eina 1115 ill,," ". frw< 1�1 ^J r titcs "Ell 11112 � 131ll 1 ?tl♦ � I ?lI5 19114 1411] I?11R 1 ?Ils If120 1112(( 11122 13123 1 +12: IAUA 1-I>1 LRI2 U IA129 HIM 111: 13131 IF1.2 Iil)] 1 ;95 PaLa E,I�ILLIN I I l 1111 11 ]5 P•.3p YA wt Km SE )VIA Pwlh Tili: SERV /PEC NCNT En]0 Yh,cFJ y1Y CN9 ISTI ➢N $C PC)T iallt5 TIDE VEP11➢ Pit NEIIEP EV EI f,PNFN Ti 1 P W' 4t Y1CL C5. Aa'.ICff EIS- 0111 Ca•FrI CEATtN E151 RIV' +SICF C "1, STNUC.EICN el5i NIYEIStCF FFI.CE CC F IEC 9: eeINS PLLIeV C E220 RICNICLEZ OE4+.Na F445 S.1 PCnC CC SUNVEYCR ES C S,M PI E , C JUCr]ePY BPCCN °eS SEVFI LAY a.ILI P.o TS 1`19 rNI. dt a 4Lla VENcCN SC. 3t I0 VL 10 U CSLI Sr. 8610 E➢EC SC CAI IF ECISC0. CO. Se LS SO C LIF GAS CC it's 5 >aOwCL, S ➢N Ft eS SPANAI EffS E6.0 SFSIIL.t EFS CC /P E 1.1 5 I I IVAN PF, 4CF0PT E112 5'I `,7 CF "C"INT$ e'E5 TaRnFP$ Inc ESN aITCC ECUIPYEXT CC i a lL 3 1Y14 ti1 545]15 w rx f�Na 1 1'I4 f�CM fA1Tt�V CC 1.14? 55]5 wll Ll➢a A f:' C 1°1.44 5415 •EE IfUl Cl, k SE SCPV LICE N141 g779 L4 - KAY 1 ?I 41 V, ID FINAL TOTALS r s waRaAnl NECC Ne IL 16ilCh VAT f.1I,�F 1a` CAT P F(P ENCE !1 I \ I TNAL TCTµS 59.30 1)0.31 207, yC 74..5 91.11 321.61 M12.50 6.3LS.c.0 5.16 151,241.36 B2A.C- t0.16 1�B.B0 02. C9 124.11 35.113 Ir949.figq2 1, 60P.TE 126.00 41.50 158.1' l.lTO.G@ u. 1,362.12 2)2.55 90.43 111.99 401. Caa.Ge L 2I212.A2 A2 :Z .41 31.4e 39,00 39.00 262,915.50 i' 5/14/83 Pnf.( 2 i DISCOUNT NET 594.06 i 84.15 25C..0 124. 5G 55.11 09.x4 5t a 59.30 1)0.31 207, yC 74..5 91.11 321.61 M12.50 6.3LS.c.0 5.16 151,241.36 B2A.C- t0.16 1�B.B0 02. C9 124.11 35.113 Ir949.figq2 1, 60P.TE 126.00 41.50 158.1' l.lTO.G@ u. 1,362.12 2)2.55 90.43 111.99 401. Caa.Ge L 2I212.A2 A2 :Z .41 31.4e 39,00 39.00 262,915.50 ' OF RANCHO CUCAMONGA • WARRANT REGISTER I ASSESSMENT DISTRICT 82 -1 DATE WARRANT .Y VENDOR ACTIVITY ACCOUNT N AMOUNT 3/04/83 221 STATIONER'S CORP. Capital Equip. 49-23-44 $ 238.03 3/04/83 222 GEMCO Office Supplies 49 -23 -24 638.22 3/09183 223 CITY of RANCHO CUCAMONGA Transfer 49 -23 -99 791,000.00 3/11/83 224 HATCH BEDROSIAN Contract Services 49 -23 -28 7,180.00 3/11/83 225 RICHARD MILLS ASSOC. Contract Services 49 -23-28 2,453.75 3/11183 226 BONADEMAN McCAIN Contract Services 49 -23 -28 308,917.75 3/11/83 227 ASSOCIATED ENGR. Contract Services 49 -23-28 17,145.14 3/11!83 228 GENERAL TELEPHONE Utilities 49 -23-21 34.16 3/11163 229 AL'S WELDING SERVICE Materials /Supplies 49 -23-38 203.00 3/11/83 230 BEST PRODUCTS Office Supplies 49- 23-24' 99.97 3111!83 231 LOCKWOOD ENGR. Contract Services 49 -23 -28 1,008.00 3/11/83 232 PACIFIC SCIENTIFIC Capital, Equip. 49 -23-44 1,086.34 3/21/83 233 HATCH BEDROSIAN Contract Services 49-23 -28 1,280.00 3/21/83 234 WILLDAN ASSOC. Contract Services 49 -23 -28 4,088.00 3/21/83 235 STATIONER'S CORP. Office Supplies 49 -23 -24 151.64 3121183 236 RICHARD MILLS ASSOCIATES Contract Services 49 -23-28 886.00 3/21/83 237 ASSOCIATED ENGINEERS Contract Services 49-23-28 8,517.71 3/29/83 238 CENTRAL CITIES SIGNS Materials /Supplies 49 -23 -38 450.50 3/39/83 239 3-M CO. Materials /Supplies 49 -23 -38 248.68 TOTALS S 539,726.89 ...:IITV OF RP DATE 3/04/83 3/11/83 3/21/83 3/21/83 • CUCAY_ GA WARRANT p VENDOR 501 ASSOCIATED ENGINEERS 502 DON BROWN E ASSOC. 503 PRIDE COLOR PRESS 504 ASSOCIATED ENGINEERS WARRANT REGISTER ASSESSMENT DISTRICT 82 -2 ACTIVITY ACCOUNT g AMOUNT Contract Services 49-24-28 $ 46,200.00 Contract Services 49-24 -28 2,430.00 Printing /Publications 49 -24 -23 5.09 Contract Services 49 -24 -28 61500.00 TOTALS $ 55.135.09 • 4 COPY.— ..N— NO . A...IM• ._....n_.... APPLICATION FOR ALCOMLEC REVERAGE LECERII(51 Te: 0.potlm•m el AIT.W. LN Nnq Control III bwd -, Swrawwo, CONE. 93tlt D.FC .....m«•.......O..e. Th. vnd«lpmd Mrebl apphy for Ikmm d«mbN n. la4on: 1 I. "PE(S) OF LICENSE(S) FILE NO. OTT f .L: G7:Lr= AWN nM•r S«. 1444 p E4«Rw Owl•: :::^Ce Yik,PI NO. lG1(j5,3 Z. l zn( GEOGRAPHICAL CODE ui r-C7 E,u ImN t. NAME(S) OF APPLICANT(S) temp Permit ER«hre own: ], YYPEW OF TRANSACTION(5) FEE LTC. ttN Stock Tsf. 24071.1 /24.00 21 RENECAL 419 50 t0 m• e1 eOa�v «S,rkec 5 Lan6en of 6.1— O_N—A., and SnN 0770 4,>01Ln0 Mv - . Ra ?'x ISM Up. Seeded Ol]Dl 1'itlltw." .,z::i-n TOTAL LiY lrN d. If Pmmlu. licensed, 21- 112804 T. A,. /remiul Indd• SAen Type of L,—e r O" 'NON, ON, YOf t Moiling Addrn }II d;Aerenr E•om &L.ob. r M SINW - n•-r L' 1 dLl`• tiu 9. •Nw• you ewer bun cawiw•tl of o 4"? 10 No•. 2w ..« riokrN IN, of Me prodpen. of the Alooholk k.«ope C-NNol MI w 1epo6e of Me Oeponmew pe•- E.O laming 10 the All? rD 11. Nplon O "YES" Omww N 1Nm.9 w 10 an On onwhmew which Aril be d.emed pow A thn Opplimhan. 12. AppLmnl agree lot IN., ONE maiwp« empleyN :n o N.W. li«nwd pemhe. will No- all rh. pvoFfcaTmw of o Rvn, «d Ib! IM1aI h< will rot .iolan w w permit m pe Metaled any of the pow of the AlwM1ali< Merepe Comrol Ap. _ mulr eiem ' Il. STATE OF CALIFORNIA County M ....... .....Wb.__'___! 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IN I J j /er • 0ntr0 w., lww1O."cldro A+cNamb.• end srn•I Bsm:rn �Ii ":d,i�o cam) 91701 :zrop:.°7autllLno Do NO' W N1, 0rlmn TAB Lin, For DrFMmnrnl U. Only AII«Md. ry Rrcad•d molk•, C ndeeie,r Pap•m. 4/21/0 13 -------------------------------------- ____COPIES MARTO. _ --- --------------- .. .uu (] bnoel F. el...... ..Fad w... ............... .......... OA .. «r......... .. A•ulpl NO.... ._... IN I J j i• APPLICATION FOR ASCONOIIC AEVERA01 LICENdfltl Ye: N, .l of Ak.W. Mrnep. Canted IPoI Mood -%' Sxrwade, CaN. pSyU :I B 7R:1'i. ^I:I', ...... » -' n I oppll Imnm er.cnA.d yr ldb..: 1. fYIEl51 Or DCENSE(S) {Ilf NQ ., n....' :• OFF :LGo CSOECV. AWT.od uMn S.cE]cDUMD 0 EEeaKa Dorn RECEIILt! 1286 128639 'Jp --l—c- CODE 3615 -07 Dew I•w.d 1. NAAR(S) OF AFIIICANT(S) temp' Lr�l ' Mmb. Pou: STATER BROS. MITI= f7S a TYPE(S) NtS) FEE M. RE 1.1) S I24.M Zj .1 124.00 21 MRENEWAL419.50 419.509750 __ tDa Vupc Cm. :�s 91701 ian ik 1. -rdio TOTAL sEi*IAX v. n .. you en. can radarw of a Nlo %I �o 11, E.plain n'Yfs' on.ner w Il.mr R., lo.... ID, Na.r Fv e.er rIaNM any R.rera. Gamed M er n unirp le IFe AM M;1 d.— deemed po,I of IN, aPo Pw- ... _ . npp�rcom 111n la rTp %N 111 M wN I—.. p!m 1-. all Ih.'traIRapen. el o Fe.m.., alle -- (b) IF., h. +dl Iw I r., N W I,W eny l IF. ..I IF. Alol. &,". ewml M. 13. STATE OF CALIFORNIA Ceonll el . -- - -- ,7!_.B,.�1n, {11yp .. _. DuF. _ 14. APPOCANT• •• STAM BAOS. MABAPTS 516N "Ill ...Y APPLICATION BY TRANSFEROR Is. srgf Of CALIFORNIA C—Iv •M..n...1. _IM.�» � Mw4... .,'.X.nT .. ». ».W.rTyw Id N ... (I)of l4e e.Ll »y •» IL,•A. •.eld el lke».eNJ ' • ~� 1R ~ uN.mh..fa SSATLB BROS. NARY.3T0 BY: ii i ,✓i 21 It 867 ' L. N. VAHLE. Controller N— ....ne W.al Clry and bp Code [eenry +r C'Tf• n. I•.11 I]rl Mm Nm Op .Vpr Wdtr Brlpin 7Au Liw; Fnr DrpnOmml E'a Only ' Amchrd. �Mm.ded non.r. p Fd.beq -open' _ __ ___ ......... ___ ___ _ COMIS NAIUD __ _(__27/-__8.3_____ ........... ❑ bnrwel Fa .1 ..... m ................... .......... 01Ra m_...._......._ .b <!q w...._....__._..__......, \J 4h • I I I i 12 APPLICATION FOR ALCOMM WIRAOI LICINSIIS) To: Np 11 nl 0 AltoAdk Iexmq CmM1d 1901 bwd.ry SAN DETT1,RMI110 Smrnnmle, Ca41.9S41R TM und.nigned had,.""., F. .,....... <x..n.� Sm., dav,b a. I.H.- I, TYPES) OF LICENSED) FILE NO. 04 SALC pPER b WINE u TIFG PLAC: ER Applied esker Sa.2 a p 6v 1/1/1X83 RfCEIPi NO. 126651 GEOGRAPHICAL CODE 3615 WM Inutd 2. N"E(5) OF APM1ICANTO Tnmp. Pa-il Efl.Obe Car.: ALI Musa. Jeanette C. b tlohanad D. TYPE($) OF IRANSACT)ON(S) FEE W. TYPE tMi 5300.00 41 . AfMUAL - 189.80 A Igoe rsntDeli CT 20 s. taanan of Rmineu- Namb.r and Reel Baseline - .x8760 CRanetIO COCanonga 91701 >`SA'1 ❑p!]0, iOTAI sq 89.80 _.... 20- 108483 ... aemixR imb. SM. iype of Ueenx (P[ea dband- pL1LOCEe Ja0C4 9.',Qlty umiM YES R, Mnr,ReAddren (if d.4.r.nr Irani 9- Number aM S . I a,e n-..1 9. Ha.. I- e.., bon —it of a I."? 10. Hax You — dalaxd my d Me pro,ilione of rAe AltoAaY N 1- N..,ape Coned Aa o, rwulpNOm .1 lb. aponmem W. I. in" om.a m nemt 9 er 10 on on onoeFmem nh,lh eW1 b dwmed parr al IN, applimbon, H, App-1 aP-, (al bal eel mono9.• empbYed in o ml. Imemed perm., .ell Aare It the 9'xllfmrionr of a Gnn.ee aid Ibl ih,l he .III • f .iolar< or prmb m M Metaled any aI •b . po -niom of rAe Aknbnlit 1-9. Cenrrol A,, 13. STATE OF CALIFORNIA County of _____ ______Sap..p°[y<K ➢1L D ..Pon---- ----- -- 4,[a2sa1- - - - - -- n.w �. IA APRICANTn _f� "�J, SIGFI NEPf AFCGUG'i�". / /(_C14cli •�^ n ^.r;��CCtM1N. ^r�,,.,- M _ M �� x.mm rwN, ---------- - - - - -- APPLICATION RT TRANSFEROR , IS. STATE OF CAUFORNA County of ................. ............... . . . ... Don ................... ..- __.__ -. .m.•n _ r ar... ..n ..rw . .w, , .. �. e.....•m. • "'A... n n...niv..n w. n. a..n..r� o.n�^ r -.ne.- u, . a..w Oa Not Wnle II Th. tine, Fn, 0.panamr V. Only Ano,W ORaerded p FA.tnq pope, i __ --------- 4 22 03 __________ O --------------------------- ... ... - COPIES MAILED. _ _- x .. 0 Ran. 96h. o1 .--- .._ -_hd a . ----- m ........ -- .- :_.- .Aanpr • RESOLUTION NO. * -fy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF LOCAL AGENCY - STATE AGREEMENT NO. 00 -5420, PROGRAM SUPPLEMENT NO. 6 WHEREAS, the City of Rancho Cucamonga wishes to obtain Federal Aid Urban funding for the construction of a traffic signal at the intersection of 4th Street and Archibald Avenue; and WHEREAS, said funding requires the execution of Local Agency - State Agreement No. 08 -5420, Program Supplement No. 6 by an authorized agent for the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga approved the execution of Local Agency - State Agreement No. 08 -5420, Program Supplement No. 6 and authorizes and directs the Mayor and City Clerk to execute said agreement on its behalf and transmit to the Department of Transportation for processing. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: • NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk n �J Jon D, Mikels, Mayor • • Local Agency Ranrhn r`nr•ar,mnnav Supplement No. 06 To Local Agency —State Agreement No. 08 -5420 Protect No. MG-3041(159)- PROGRAM OF LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS IN THE City of Rancho Cucamonga Locai Agency Pursuant to the Federal Aid for Urban Systems Acts, the attached "Program" of Federal Aid Urban System Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal -Aid Program which was entered into between the above named LOCAL AGENCY and the STATE on December 5, 1979_, and is subject to all of the terms and conditions thereof. The subject program is adopted in accordance with Paranaph 2 of Article II of the aforemen- tioned agreement under authority of City /ftmzFcResolution No. approved by the City Council /B'd6Ydc81a6h}(Ltt KbV6 on (See copy attached). Approved for State City of Rancho Cucamonga Looul Agency By Dtsmct Director of rransporunon District n8— Attest: I hereby Cerny upon my own personal knowledge that budgeted funds are available for this >ncua.brance. 5f +, Accoununf Offer 1,1 /, C:�oter sutures Item Fuc11 Ycv Ftuatam Rude C,t,., Fund source :r 01,111 n1 /6N /0 ..* Date: April 1, 1983 PROGRfti? OF FEDEPAL ACID Umxi Sysm -i PrwECTS PROGRAM SUPPLEMENT NO. 06 EXHIBIT B Local Agency: City of Rancho Cucamonga Project ilo. Location & De scri D ion Tota Cost Est. Federal Funds '.atcnnn unds MG- 3041(159) In San Bernardino CONSTRUCTION AND CONSTRUCTION ENGINIERING County in the Cities of Rancho Cucamonga and Ontario at the $92,000 $92,000 $ 0 intersection of Archibald Avenue and Fourth Street, Traffic Signals and fiinor Paving *Local Agency Funds unless otherwise specified sDecia Lovenantc or Ra.nm• D &11A (11/81) - -- - - °- ^� �v�„g me pnysicai condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the City of Rancho Cucamonga at regular intervals or as required For eff>cient operation of the completed improvements. • EXHIBIT B page 2 April 1, 1983 2, The City of Rancho Cucamonga will advertise, award and provide a Resident Engineer to administer this project. 3. In awarding the contract, the Local Agency agrees the payment of Federal funds will be limited to the Detail Estimate amount approved by the Federal highway Administration in the federal -Aid Project Agreement (PR -2), or its modification (PR -2A). 4. In executing this Program supplemental Agreement, Local Agency hereby reaffirms the ":Jondiscrimination Assurances" contained in the aforementioned Master Agreement for icdcral -Aid Program. �T 0 ,r 5" CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 4, 1983 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Alta Loma Channel Guarantee of Payment Agreement - Roberts Group The attached agreement covers a payment guarantee for the Roberts Group's share of engineering and legal services incurred in the formation of the Alta Loma Channel Assessment District. The agreement is secured by a cash deposit of $3,863.86. In the event the District fails to proceed,these funds would be used to offset City incurred engineering expenses. RECOMMENDATION Recommend approval of Guarantee of Payment Agreement with Roberts Group in con- junction with Assessment District 82 -2 (Alta Loma Flood Control Channel). Respectfully subm /tted, Attachment 1 7 n u r r � RECORDING REQUESTED BY AND WHEN RECORDED Mll!L TO: CITY CLERK CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Post Office Be. 80, Rancho Cucamonga. California 91730 GUARANTEE OF PAYMENT AGREEMENT THIS AGREEMENT made and entered into this day of ' 1982, by and 'between ( hereinafter referr'ea to as "Developer"), ana the CITY OF RANCHO CUCI.MO::CA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, the City is considering the formation of a special assessment district for the construction and installation of certain storm drainage improvements, together with appurtenances and appurtenant work, Re rsuart to the provisions bf the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code Of the State of California, said special assessment district known and designated as: • ASSESSMENT DISTRICT NO. 82 -R (ALTA LOMA FLOOD CONTROL CHANNEL.) (Hereinafter referred to as the "ASSessmC. ^.t District"); and w HEP.EAS, at this time the City does not have sufficient funds to pay the costs and expenses for consultim; sereices to cover the necessary services for the following: 19 A. Design Engineering: B. Assessment Engineering; C. Bond Counsel; and Developer does not have sufficient funds to loan to the City to cbvor said services; however, said Developer is aureeable to quaranteeinq the p,gaabt of said consulting services if for any reason the proceedings are abandoned prior to confirvation and there is no successful sale of bonds; and WHEREAS, it is a.utually understood that all Consulting sCry icos for the nbove,forenced Assessment District shall be in- eluded '.lith the Bob,! issue and beeooe an incidental vxuonsr Of the prx redims, but If the nroceedings ore lh,rdoned prior to maturity, thn obligations inrirred for consulting services to date shall he the sole respnnsibillty 'l nil Obligation of Developer; and VIDCP1.AS, Cit^ and lrccloper n ag rroablo to rntov into this .lire „meat tc pin•;:dn bn ,.+Rain r.tc` bby Orrvelop,:r that if for .+n') ren sari :he P[un' ",ii ri. ^+ air au,i neL m rd, Devcl ghee :;hull i +av hi; p,pnrtlonote ha ^f !I:C .o:. n: m... � :xno m;os :or the ,v;nv e- of :crenC rd cnnuol eio. `: sere vvs. TI!il -0 :i')i +E, IT ID '.I!IFIT! ='AI,L'; N1g El :D 111' .HC Pd RTlrE 1. TLS, ,:Luc„ r,,,ntal, , all •r's` a:•'. 2. That if the proceedings for the above- referenced • Assessment District are abandoned prior to a successful confirfiation, or there is no successful sale of bonds within three (3) ears from the date of this Agreement, Developer stall pay to City his propor- tionate share of all consulting services incurred to date within sixty (60) days'of request by the city. 3. For particulars as to the Developer's percentage share of responsibility, reference is made to the attached and incorporated Exhibit "A ", which Exhibit sets forth the proportionate share of all expenses incurred that will be the responsibility of Developer. 4. The provisions of this agreement shall be secured in the amount shown in Exhibit "A" by acceptable bond surety, letter of credit or other means acceptable to the City Engineer. 5. If the proceedings are successful, and there is a - firmation of assessments and a successful sale of bonds within throe (3) years from the date of this Agreement, then this Agreement shall be null and void; otherwise, it shall remain in full force and effect. 6. This Agreement and guarantee shall be binding on all heirs, executors, administrators, successors and assigns of each of the parties hereto. 1. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder. The prevailing party shall be entitled to recover its costs and such reasonable attorney's fees as shall be awarded by the Court. B. In consideration of payment by Developer of expenses for consultant services in the amount shown in Exhibit "A ", ss the City shall agree to credit said amount to any drainage fees or assement• which may become due on the parcel described in Exhibit "R" at some future date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. .C11'. CITY OF RANCHO CUCADIONGA, CALIFORNIA, a municipal corporation ATTEST: V • s / Tract 9441 11609 9649 10615 -1 11625 11933 10015 10047 10088 11923 EMBIT 'Aa Developer Acres City of Rancho Cucarmnga 40,8 for Kingslea Connunities City of Rancho Cucarrunga 6.89 for Kingslea Clourunities Land-nark Invesments 22.4 Alta Lone North A California Itd. Partnership Sam Angona 18.8 Westland entures Roberts Group 7.0 Woodland Pacific 9515 Dick Scott The Anden Group 18.9 G.S.Rosenfeld The Anden Group 27.2 E. S. Rosenfeld Joseoh Nicosiad eeweb a 82.8 L}n. n Sutter Dominic Salvnti 5.8 (Slm f fcr -lCPm t l and) 'fo ta1 326.09 $551. W /Ac.re V� 0 Design Asset. $22,521.39 3,803.24 12,364.69 10,377.50 3,863.96 52,715.51 10,432.70 15,014.26 45,705.17 3,201.57 51801100.()0 _The land referred to'in Ithia report is situated in the State of Cali- fornia. County of San Bernardino, and is described as followsl Those portions of the east 1/2 of Lot 1, Block 4 and the east 112 of Lot 6, Block 3, Hap of the Trent of land of the Cucamonga Homestead Association, as per plat recorded in bock 6 of laps, page 46, recorda of said County, and of Goverment Lot 1. Section 35, towoshlp 1 north, range 7 vest, San Bernardino Base and Herldian, according to the Official Plat of said land approved by the Surveyor Generale dated .tune 20, 1884 and of vacated .(Olive) 19th Streetv as said street vas abandoned by Resolution of Board of Supervisors of the County of San Bernardino, a certified copy of said Resolution being recorded May 169 1963 In book 5911, page 960 records of said County, lying northerly of (Olive) 19th Street, as the same now exists and lying southerly and Westerly of the following described line: Beginnlnn at a point in the center line of Hen-,.",i Avcnue !66 fcnt wide) mouth Ott 30' 57" east a distance of 947.72 feet fr¢u the ir.tcr:.ection o'_ the center line of said Batsman Avenue and the center line of Eigl:lane Avenue said intersection being south 89' 57' 00" vest a distance of 39.87 feet from a 2 —inch iron pipe at the north 1/4 corner of said Fractional Section 35; thence south 89' 46' 1H" vest, a distance u. 33.00 feet to a 1 —inch iron pipe. ta2gcd R.C.L. 73449 at the Westerly right of '-y lire of cni: }ezwosx Avenue, thence e::itiuuiag Sou:n 89" 46' 18^ vest a distance of 334.00 feet to a 1 —inc2h iron pipe taLpcd R.C.L. 734:; theree north Co 30' 57" west parallel With the center lint of said 1!c= ;. Avcuue, a distance of 336.G0 feet to a 1 —ins: acn pine taCicd R.C.L. 7344; thence south B9' 46' 18" vest a distance of 331.57 feet, rore or Lott, to t 1— ir.m': iron ripe tagpcd F.C.E. 73414 f., t:.e west line of ti.c cast 1/2 of said Lot 6. For the purpose of the above description, the center line of taic Hermosa Avenuc is assured to bear north 0. 30' 57" Wert. "ccrtir.,; L:wrcf.cn thxt portion lyfn;, Wittir, i1cr..OS:. Avenue, m k,l \rlptI CITY OF RANG 10 (ICAMONGA EXHIBIT ENGINEERING DIVISION B ��_- 1 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 4, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Jr., Assistant Civil Engieer ��q c 1CA1tOti al F 2 1977 SUBJECT: Approval of Reimbursement Agreement for Planned Drainage Facility between City of Rancho Cucamonga and M. J. Brock & Sons, Inc. Attached for Council approval is a reimbursement agreement for the installation of a storm drain in Archibald Avenue from 19th Street southerly to the existing channel north of the railroad easement. This improvement is a required condition of approval of Tract 9369 and Tract 11173. The attached agreement has been approved as to form by the City Attorney. The form includes the provisions to set aside into the "planned drainage reimbursement fund" twenty -five percent (25X) of all fees collected during a year payable to the developers. In addition, the agreement provides for direct fee reimbursement on several adjacent parcels which will utilize the drain. These parcels are shown on the attached map and described by Assessors Parcels in the agreement. RECOMrMENDATON: It is recommended that Council approve the Storm Drain Reimbursement Agreement with M. J. Brock & Sons and authorize the Mayor and City Clerk to sign same. Respectfully sub fitted, v LBH: S:jaa Attachment I�/ 0 RF.P.IOI'RSRUkST AG:dK "ENT FOR PLANNED DRAINAGE FACILITY CONSTRCCTIO9 I* THIS AGREF.iIENT, made and entered into this 28th day of April , 1083, by and between the CITY OF RANCHO COCIMONGA, California, a municipal corporation, hereinafter called "CITY" and N. J. BROCE S 5095, INC., a Delaware corporation, horeinatter called " DEVELOPER", provides: WITtESSETH WHEREAS, in the opinion of the CITY it is necessary that planned drainage facilities be constructed for the proper drainage of DEVELOPER's development described as 'Tentative Tracts 9369 and 11173 and, WHEREAS the DEVELOPER, at DEf ELOPER's own expense will install the planned drainage facilities hereinafter described, and, WHEREAS, the cost of constructing the planned drainage facilities hereinafter described will cxcred the pl:,nned drainage facilities fee, which will be payable with respect to the develop- went under the provisions of City Ordinance No. 75, and WHEREAS, Section 8 of City Ordinance No. 75 provides: "SECTION 8: Construction by Developer and Re.inbursema_nt. elheniver the construction of planned drainage facilities is neentsury for the proper drainage of a subdivision, the City may ro- quire the subdivider to construct such facilities with credit being given by the City toward any fee payment squired by this Ordinance. If the cost of such construction exceeds the fee which would other- wise be, payable with respect to the subdivision, the City Council may, at its discretion, enter into a reimbursement agreement with the dovelopor. In the event a reimbursement agreement is entered into, reimburr.rment shall be made only after the fee required by this Ordinance is callocted In ennnoction with a subdivision or dovrlopment on other property in the area ennompassed by the to- imbur, -went boundaries described in the ruimburscmrnt agreement. The hasis of ciwbu.a,u.nt ^hall bo the drvr L,prr's actual cost of construction of the Planned drainage facilities. The term of a rcimhur:nmant agro(',avnt :.hall not excerd tin CIO) yrars." I* NOW, THEREFORE, the parties hereto ;agree as follows: 1. The Developer will, and at Developer's own expense, furnish all labor, equipment and material, and pay all costs incident to the installation in iiccordau.. with plans and speci- fications approved by the City Engineer of the City, the following planned drainage facilities: Storm Drain Plan, Tract No. 9369, Archibald Avenue, Station 233a50- Station 244+99.60. 2. Installation of said planned drainage facilities shall be completed not later than thirty six (36) months after the date of this agreement. 3. The City Engineer shall inspect and test the planned drainage facilities at the expense of the Developer, and after any deficiency discovered by said Engineer has been corrected by Developer, City shall accept said planned drainage facilities for public use. City shall not unduly withhold acceptance of the planned drainage facilities. 4. City shall not be responsible for any loss or damage to said planned drainage facilities prior to their acceptance by City. Developer hereby guarantees and warrants said planned drxinag facilities for n period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or de- fective materials furnished. 5. Developer shall protect, indemnify and save harmless City from and against any and all clnims, demands, and causes of action of any nature whatsoever, and any expense incident to defense by City of any such demand or action for injury to or death of persons or loss of or damage to property occurring on Developer's development, or in any manner growing out of or connected with Developer's con- struction, repair and maintenance of the planned drainage facilities desrribed heroin, or in any manner growing out of or connected with any deficiency in workmanship or material furnished in connection with com;tiuctiou, maintenance or repair of said planned drainage farnlitirs. 6. City hereby agmps that in consideration of Ieveloper's inrtaliation of -,aid plannud drainage facilities, City will not asses.. Developer the fee described in Ordinance No. 75 which fee with re!.paet to L`c vrlopor's tlpvelopment would othtlwa:,e be the ..um of 571.5'!3, C0_.___Onl late. 7. For the amount that tho actual cost of construction of said planed drainage facilities oxcrnds the sum spec, find in Parag h 6 hurrnf, which said excess amnunt in hwrinnftur referred to as t "original reimbur.... ?nt sum" the City shall reimburse Dovelepvr, on d 0 it -3- as and when fees are collected under Ord trance No. 75 and only according to the formula hereinafter described. ,Amounts to be reimbursed to Developer shall be determined as follows: A. Following completion of construction the Developer shall submit all cost data to the City Engineer. The City Engineer shall then determine the actual cost of construction, and such determination shall be final. , B. Annually, at the end of each fiscal year, the City shall set aside into a "planned drainage reimbursement fund" twenty - five percent (25:) of all fees collected during the fiscal year under the provisions of Ordinance No. 75. C. The Developer shall be eligible to share in the plan- ned drainage reimbursement fund cemmencior with the fiscal year which ends following the date on which said planned drainage facilities are accepted by the City. D. if the Developer is eligible to share in the planned drainage reimbursement fund, then not later than two (2) months after the end of such fiscal year, the City shall pay the Developer, from the amount set aside in the planned drainage reimbursement • fund, a fractional share thereof determined is follows: (i) The numerator shall be the original reimbursement sum for the Developer and the denominator shall be the total of the original reimbursement sums for all Developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. E. The Developer shall be eligible to, and will recieve one hundred percent (1005) of those drainage fees collected under the provisions of Ordinance No. 75 from those properties known as Assessor's Parcel Numbers 0202 - 721 -04, 0202 - 721 -05, 0202- 721 -060 0202- 721 -07, 0202 - 721 -08, 0202 - 721 -09, 0202 - 721 -30, 0202 - 721 -11, 0202- 721 -12, 0202- 721 -13, 0202- 721 -14, 0202 - 721 -15, 0202 - 721 -16, 0202 - 721 -170 0202 - 721 -18, 0 ".02- 721 -19, 0202 - 721 -20, 0202- 721 -01, 0202 - 721 -02, 0202 - 721 -03, 0202- 181 -05, 0 202- 181 -06, 0202- 181 -07, 0202 - 181 -09, 0202 - 181 -15, 0202 - 181 -16, 0202- 181 -230 0202- 181 -24, 0202-1,1 1-11 . (f) The City shall pay the dove.loper, not later than two (2) mouths after the end of the fiucnl fear, one bmidrrd percent (100X) of those drainage fees collected during the iferrmentioned fiscal year from Assessor's Parcel Numbers 0202- 721 -04, 0202- 721 -05, 0202 - 721 -05, 02n2- 721 -OG, 0202- 721 -07, 0202 - 121 -08, 0202- 721 -09, 0202 - 721 -10, 0202- 721 -11, 0202-721 -12, 0202 - 721 -13, 0202 - 721 -14, 0.2,02- 721 -15, 0202 - 421_16, 0202- 721 -17, 0202- 721 -18, 0:02- 721 -19, 0202- 721 -20, 0202 - 721 -01, 0202- 721 -02, 0202- 721 -03, 0:;02- t81 -o5, 0202- 181 -00, 0202- 181 -07, 0202- 191 -090 0202 - 181 -15, 2020 - IHI -23, 0 202- 181 -24, 0202- 141 -11. it -3- S. All of Developer's right to reimbursement hereunder shall cease as of the end of the fiscal year ending ten (30) years after the fiscal year in which the Developer first became eligible for reimbursement hereunder, whether or not fully paid. 9. Nothing in this agreement shall entitle Developer to reimbursement of a sum in excess to the original reimbursement sum. 30. Amounts payable to Developer hereunder shall bear no interest. 11. Paysents may be mailed to Developer at the following address: 1698 Grcenbriar Lane, Suite 224 Brea, California 92621 12. Developer may change the mailing address by written notice delivered to the City Clerk. 13. Rights to reimbursement due under this agreement may be assigned after written notice to the City by the bolder of such rights as shown by the records of the City. Such assignment shall only be effective only with respect to payments becoming due and payable more than thirty (30) days after receipt by the City of • written notice of such assignment. City shall not be required to divide any payment to be made hereunder. In the event it appears from the records of the City that more than one (1) person holds the right to payment hereunder, the City may deliver the full payment to any one of such persons and such payment shall be deemed payment to all. 14. As used in this agreement, the term "Ordinance No. 75" includes any ordinance amending or modifying Ordinance No. 75 and any ordinance adopted hereafter which covers the same or similar subject matter and is intended to replace Ordinance No. 75. 15. The City reserves the right to at any time increase or decrease the fees payable under Ordinance No. 75, 16. If the fee. established by Ordinance No. 75 is hereafter declared invalid or unenforceable, or collection thereof is other- wise precluded by law, all Devoloper's rights to reimbursement here- under shall immediately cease and terminate. 17. This Agreement shall be interpreted according to the laws of the State of California. This document contains the entire agreement between the parties with respect to the subject matter hereo t. Tilts agreement cannot be modified except by an agreement in writing, sil;n rA by the party against wham the enforcement of Any wnwcr, change, modification or discharge is sought. Subject to any provisions herrin to the contrary, this agreement ::halt in a.i re 1e-ct.9 bind, and inure to the benefit of, the heirs, exec uior adminlatrators, successors and assigns of each of the parties. 4 '_ J a -4- RESOLUTION NO. * %ry • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FROM M.J. BROCK AND SONS, INC., FOR TRACT 9369 AND TRACT 11173 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Reimbursement Agreement executed on April 27, 1983 by M.J. Brock and Sons, Inc. as developers, for the installation of storm drain facilities to be constructed for proper drainage of developer's development described as Tract 9369 and Tract 11173, generally located at the southeast corner of 19th Street and Archibald Avenue; and WHEREAS, the Developer, at Developer's own expense, will install the planned drainage facilities to the satisfaction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: • NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Jon D. Mikels, Mayor M --M*H-4 vLsF11-lE6�z- R R E CITY OF I(, \ \(:IIO CI'C. \..VC) \'( .\ TRACT 9369 and TRACT 1 1)1% IsIoN pnRe d. 9 J u CITY OF RANCHO CUCAMONGA STAFF REPORT cG, c�cnnro'Yc Oil l r ;i O r z F, 2 DATE: May 4, 1983 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of Parcel Map 7264 - Watt Commercial - located on the southeast corner of Haven Avenue and Leman Avenue The subject map submitted by Watt Commercial to divide approximately 37 acres into 2 parcels within the C -1 and R -3 zone located on the east side of Haven Avenue between Highland and Lemon Avenues was approved by Planning Commission on April 13, 1983. Off -site improvements are to be constructed at time of building permit issuance. RECOMMENDATION: It is recommended that City Council adopt the attached resolution approving Parcel Map 7264 and authorizing the City Clerk and City Engineer to sign same. Resp9ctfully submitted, ten:v:Jaa Attachment A a� • RESOLUTION NO. * 6-U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 7264 (TENTATIVE PARCEL MAP NO. 7264) WHEREAS, Tentative Parcel Map Number 7264, submitted by Watt Commercial and consisting of 2 parcels, located on the east side of Haven, between Highland and Haven Avenues, being a division of a portion of Lots 3, 4, 21, and 22 of Foothill Frostless Fruit Company, Subdivision No. 2, City of Rancho Cucamonga, State of California as recorded in book 20 of maps, page 34 was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 7264 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 7264 be and the same is hereby approved and the City Engineer is authorized to present to the County Recorder to he filed for record. • PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: NOES: ABSENT: ATTEST: Lauren ?1. Wasserman, City Cler 19 Jon D. Mike s, Mayor TENTF.TIVE ,,....:... '' AP 7264 NO\ PARCEL M r N\NC p ryLAYCML Ir pE PAR IN IHL CIti�R OF LCTS J,f• 21 �rMF CITY /ICN pEING . fi/p01V151ON IY P SfA]f L fit' . CL fY'J5]Lf55 fRl/LCUYiY CfY SrN BfNN AO pNAIS. PAL[ 31, 20 nfLYr /<O Nl rrwJJ e.wtFJrv.f N • CAMCNLr. IM PNN Cr Ra.vCNO G' C COUN]v. 6CRrvIP, IS PfflA c[L cJ CCF SAI ! __ '. t uf�+� CAt eneJ..rvrrw. yTlp r__ `i •' ¢� a /..NT >q T PEf.GEMTIAb R1 ; ✓rLIM /r ✓Lw Y\C \MT, \IMGLE -L \YIL TPAGT 94T5 �I S, y1ri� fir yfS, r•' /[rr / /ra M.B. 1351 B3 .94Icw— ''Br,C -i. �_�_- I��I rlll �.L•L._1. = .�r�%� % IY' / /.r /cJ _____ MRCEL Ot le / • I1 k`' I .::. �1 _= ""�.rr— -/7� e gaff :.. ry II It1i i�' ' s ✓• ' �.: �.: �.J�r y ri[ ~r rr f _ N I J'.�f !P�>ff Cun rrw . A +W � RO(/TLf II N.I✓ :•�+> • ,I SrArE M/G S,,ILE-FAYILV RESIGEMTILL ,Y[[:nff VACANT R T 3591 III .pwrF .M1.r.rf Me'[� PArT M,i 1311 30-3 2 "i!Wri M1.f rN/ If M1 /)pl /rtr.�if > yrr w Mr°rt /' /lLP ^���Ny G GA5 f [v :av Y n N•'nf "' r 0 I 1 CITY OF RANCHO CUCAMONGA Cl1CAAg0 STAFF REPORT 1'. May 4, 1983 TO: City Council City Manager FROM: James H. Robinson, Assistant City Manager BY: Robert A. Rizzo, Administrative Analyst SUBJECT: Establishment of Service Recognition Program A service recognition program is a method whereby the City Council would be able to demonstrate its appreciation to staff members (i.e., councilmembers, commissioners, and employees)* who have served the City for certain periods of time. The traditional segment of service to be recognized is in increments of five years. In November of 1983, the City surpassed its sixth anniversary, and a total of thirty (30)* persons have or will achieve five years of service by the end of 1983. We have investigated the idea of a recognition program and found the practice is universal on both the private side and on the public side with cities and utilities. Additionally, it was found that the program could be very expensive (in the neighborhood of $10,000). In our research, we have "sharpened our pencils" and developed a conservative program with a local merchant that would fulfill Rancho Cucamonga's needs for the next ten years. The cost of this program would be approximately $1,892. Funding for this program would be through contract services activity of the City Manager's office (01- 11 -28). With the credit received from state sales tax on the Grapevine, the program would have no impact on this year's budget (1982 -83)• RECOMMENDATION: That the City Council adopt a Service Recognition Program for all full - time employees, commission members and City Council members who have completed five consecutive years of service with the City at a cost not to exceed $2,000 to be funded from contract services 01- 11 -28. JHR:RAR:mk C2 7 u • J ✓k nTMv nc n n ATnvn OT TO n TRnATO n STAFF REPORT 2� °_.� i �} DATE: May 4, 1983 � F'--'� z TO: City Council and City Manager iq;; FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Day Creek Financial Plan As the Council is aware, the City has for the past three years been participa- ting in a program to plan and construct the Day Creek Channel. The first major effort on this project, the Plan, has been completed and accepted by the Day Creek Steering and Technical Committees. The second stage, financing and construction are now beginning. After a review of available financial mechanisms, it was determined that the newly adopted Mello -Roos "Community Facilities Act of 1982" would provide the most viable approach to generate the base funding for the project. It is likely that redevelopment funds would support construction over the life of the project but would be utilized to reduce the base tax rate set under the Community Facilities District. In order to develop the District program, it is necessary to retain engineer- ing and redevelopment bond counsel services to prepare the necessary studies leading to the eventual District election. In cooperation with the City of Ontario, it was determined that the firms of Willdan Associates and Brown and Nazarek would be recommended to provide Assessment Engineering and Bond Counsel services respectively. Each City would utilize its own redevelopment consultant for redevelopment services. The attached agreement between the Cities indicates that the initial phase of study would cost $20,000 to be split between the two agencies at $10,000 each. Ontario will act as lead agent for contracting and will administer the consultants contract. The actual consultant contract is attached as Exhibit "A" to the City's contract. Our redevelopment consultant services will cost $15,000.00. City funding will be derived from the County increment of redevelopment funds through agreement with the Redevelopment Agency. it should be noted that the current contract funded by the $20,000 budget only covers Phase I of a three phase program leading to the District election, potential court validation, bonding and construction. 4G CITY COUNCIL STAFF REPORT Day Creek Financial Plan May 4, 1983 Page 2 Phase I will define the basic District boundary, potential tax structures and legal procedural parameters. This phase will closely involve property owners and will help determine the viability of the District. Phase II not covered by the current contract would fund all necessary reports, hearings and administrative details leading to the District formation election and would include court validation action. Because this would be one of the first of its kind, there are several unknowns which will be further defined during the first phase. Phase III of the program involves engineering, bonding, construction and annual tax services. Redevelopment services will be required from the City's Redevelopment Consul- tant, M.S.I. to advise on redevelopment considerations - cost not to exceed $5,000.00. It is recommended that Council (1) approve the agreement with the City of Ontario and authorize $10,000 to cover contract funding, (2) approve RDA agreement establishing RDA funding for the project, and (3) accept $15,000 from the RDA and establishing a Day Creek Facilities account ($10,000 for Willdan Associates and Brown & Nazarek and $5,000 for MSI for time and materials). Respectfully submitte , U LBH:ja Attachment cy • • • • 49 CITY OF RANCHO CUCA,r1ON, REDEVELOPMENT AGENCY STAFF REPORT DATE: May 4, 1983 TO: Members of the Redevelopment Agency FROM: Jack Lam, AICP, Director of Community Development SUBJECT: PROPOSED AGREEMENT BETWEEN THE REDEVELOPPIF.NT AGENCY AND THE CITY OF RANCHO CUCAMONGA PROVIDING FOR THE CITY'S IMPLEMENTATION OF THE DA.Y CREEK FACILITIES PROJECT AND ESTABLISHING RDA FUNDING Under the agreement between the RDA and San Bernardino County, that portion of the increment attributable to the County's share is to be used for the purposes of implementing the Day Creek flood facilities project. With the structuring of the program for its implementation it is now necessary to establish the proper funding agreement so that the program may proceed. Enclosed in your packet is a proposed agreement between the Redevelopment Agency and the City of Rancho Cucamonga providing for the City of Rancho Cucamonga's implementation of the Day Creek project through Redevelopment Agency funding. RECOMMENDATION: Staff recommends that the RDA approve the agreement between the Re- development Agency and the City of Rancho Cucamonga for the City implementation and RDA financing of the Day Creek Capital Facilities Project and establishing a RDA -Day Creek capital facilities account. Re pectfufll� submitted, JACK LAM, AICP _ Community Development Director - JL: j Y. C�•" "ql. Encl. %' rv- A\ �T DAY - ETIWANDA CREEK FINANCIAL STUDY ONTARIO - RANCHO CUCAMONGA AGREEMENT THIS AGREEMENT is made and entered into this ,lay of 1983, between the CITY OF RANCHO CUCAh'ANGA, a municipal corporation, -herein- after referred to as "RANCHO CUCAMONGA", and the CITY OF ONTARIO, a municipal corporation, hereinafter referred to as "ONTARIO ". WITNESSETH: WHEREAS, Day and Etiwanda Creeks are generally located within the boundaries of the Cities of ONTARIO and RANCHO CUCAMONGA; and 0 WHEREAS, construction of drainage and flood control facilities along Day and Etiwanda Creeks is necessary to provide for the public health, safety and protection of property from damage due to flooding caused by increased development within the watershed; and WHEREAS, ONTARIO and RANCHO CUCAMONGA wish to cooperate in an effort to plan, finance and construct adequate flood control facilities along Day and Etiwanda Creeks. • NOW, THEREFORE, it is mutually agreed as follows: ONTARIO SHALL: 1. Act as lead agency in hiring and directing an Assessment Engineer and Bond Counsel to conduct necessary studies preliminary to the formation of a Community Facilities Act (Mello -Roos) District. Those studies as further described in the attached Exhibit A. 2. Participate in the total cost of preparation of the study in an amount not to exceed $10,000. RANCHO CUCAMONGA SHALL: 1. Participate in the study in an amount not to exceed $10,000. 2. Deposit with the City of Ontario within 30 days of execution of this agreement the full amount of $10,000. 3. Cooperate with Ontario by providing all information and assistance requir- ed to insure the timely completion of studies. IT IS MUTUALLY AGREED THAT: If upon completion or termination of consultant contract less than 5201000 has • been expended for the contract sr.rvices, each city shall received fifty percent (50Y,) of the funds remaining upon said termination or completion. 31 � 1 • • 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF ONTARIO, a municipal corporation CITY OF RANCHO CUCAMONGA, a municipal corporation BY: BY: Mayor Mayor Attest: Attest: City Clerk City Clerk Approved as to For c City Attorney ..r Approve o Form: City Att22��— E% H I B I T "A" AGREEMENT FOR •ENGINEERING SERVICES THIS AGREEMENT made and entered into this day of 1983, by and between the City of Ontario, Hereinafter reterred to as CITY, and Willdan Associates, Engineers and Planners, 290 South Anaheim Boulevard, Suite 100, Anaheim, California 92805, hereinafter referred to as ENGINEER; W I T N E S S E T H WHEREAS, CITY has a need for financial and engineering consulting services for a study of the financing of the Regional Drainage Facilities known as Day /Etiwanda Drainage Improvements; and WHEREAS, it is beneficial to CITY to have under contract an engineering firm which can immediately perform required services for CITY; and WHEREAS, ENGINEER, in association with F. Mackenzie Brown, Attorney, have specialized knowledge, training, and experience in finan- cing alternatives, and drainage; and WHEREAS, the Rancho Cucamonga Redevelopment Agency and /or CITY is also desirous of obtaining engineering and financial . consultant services from ENGINEER, and have agreed by separate Agreement to participate in the study and pay one -half of ENGINEER's fees billed to CITY under this contract; and WHEREAS, it is the desire of the parties hereto to set forth the terms and conditions under which ENGINEER shall provide CITY with the services as set forth herein; and WHEREAS, ENGINEER desires to perform engineering services for CITY under contract. NOW, THEREFORE, be it mutually agreed as follows: First: The ENGINEER, when authorized, shall perform the following services as shown in Phase I, Preliminary only, for the estab- lishment of a "Mello Roos" Community Facilities District within the cities of Ontario and Rancho Cucamonga for the purpose of financing drainage improvements. PHASE Preliminary I BOUNDARIES Establish the boundaries in the two cities. Considerations involved • would include the following: a) Drainage area boundaries 33 • b) Registered voters c) Possible drainage area boundary modifications resulting from the manner in which the improvements are to be constructed d) "area to be served" and "where service to be provided" (these have legal definitions) e) Peripheral considerations A problem sometimes encountered when establishing taxing boundaries on the basis of drainage boundaries is that a few inches differential in ele- vation may be all that distinguishes the difference between two identical and adjacent parcels. Since this taxation will be limited to the area within the boundaries so established, it is conceivable that adjacent similar parcels could have very different taxation consequences if sep- arated by the district boundary. This could create controversy. The proposed boundaries would be looked at carefully from this standpoint. The end product will be a narrative describing precisely why the bound- aries were established in the manner in which they are presented. II FACILITIES TO BE CONSTRUCTED Within the boundaries estab ishe y Item I above, the facilities proposed for financing by the district would be laid out. Considerations involved would include: a) The regional versus the tributary nature of the facilities proposed with an effort made for consistency b) The extent to which facilities have previously been constructed by private development or assessment district The final result will be depicting a system consistent as to its basis of • benefit, i.e., regional or local. The benefit from these various struc- tures would be plotted within the boundaries established in Item I above, c) Costs of each of these proposed facilities would be identified, III RELATIONSHIP WITH REDEVELOPMENT PROJECT AREAS It is our un erstan mg t at oth cities ave re eve opment project areas within a portion of what will be the boundaries of this proposed district. It is also our understanding that the redevelopment agencies of both cities will be making contributions to this project, but not necessarily based upon the same formula. The following will need to be determined: a) Should redevelopment contributions be limited to those portions of the redevelopment project boundary within the drainage district boundary? b) Should the agencies make finding that those areas not within the redevelopment project boundary, but within the drainage boundary, are really an integral part of a redevelopment problem, thus allowing redevelopment contribution to be made to the district without regard to the redevelopment project boundaries? c) Should the redevelopment project boundaries be modified to be consistent with the drainage district boundaries? Upon resolution of the above, a formula for redevelopment contribution would then be established. . IV CREDITS Within what will he the district boundaries, some properties have been assessed and paid drainage fees, some properties have been involved in assessment districts where drainage facilities have been constructed and • assessed to their property, and some properties at their own expense have built certain drainage facilities. As a prerequisite to establishing the tax, the following would be done in this regard: a) These private party expenditures would be reviewed as to their relationship to the work proposed by the district, i.e., regional or tributary. If these previous contributions were found to be of the same scope of the work being proposed by the district, credits would then be established to each of the properties that had made such previous contributions. On the other hand, if this subject is not factored into the tax, this review would provide the basis for omitting it. V RELATIONSHIP OF THE TWO CITIES TO THE PROCESS The relationship of the two cities in the implementation of this process would be established. Considerations would be as follows: a) Accomplish this district as a "joint powers" between the two cities b) Accomplish the process separately by the two cities, but concurrently, resulting in one rather than several public informational programs c) Attempt to put together one huge joint powers entity involving the two counties and all the cities involved in the overall drainage area, and d) Accomplish these projects separately and independently by each of the two cities. The result, hopefully, will be an agreed upon approach. is VI ESTABLISH THE PROPOSED SPECIAL TAX It is presumed that the propose spe—Ma tax would cover the servicing of bonds necessary to finance its construction. It must be remembered that this tax cannot be raised without an additional vote. It is also probable that this tax cannot be ad valorem, but must be reapportioned each year. It would seem, therefore, that it is essential that the method of establishing this tax must not only develop equity as to the benefit which the properties will receive, but also must be easily modified on an annual basis over the life of the bonds. The proposed formula would need to meet the above condition and meet the legal requirement of being "fair ", "uniform ", "fairly apportioned ", etc. It would also have to be sufficiently brief to appear on the ballot. VII REPORTS A final report would be prepared summarizing the conclusions reached on the above matters and setting forth the boundaries, the purpose and the proposed maximum tax. This report, then, would become the basis for the formation of the district. Ten copies of this report will be delivered to the City. VIII HEETINGS With concurrence of the City, an informational meeting would be held with the property owners. 40 • PHASE II (not included in this Agreement) (informational only) Phase 11 would consist of the district formation and financing. The . outline of procedures would be as follows: I COST REVIEW A final review o costs as established in Phase I would be accomplished to ensure that the maximum special tax as set forth on the proposed ballot measure would be sufficient to accomplish the financing required, but not so high as to cause the project to be defeated in such an election. II PUBLIC RELATIONS Meetings wJu­FJ-Ue--FFe-1cF with appropriate public officials, councils, etc, to provide thorough explanations of the proposed undertaking and, presumably, get their informal concurrence to proceed. Meetings, as required, would be held with the property owners. III SCHEDULES Schedu es w7c7uEr be proposed, final boundary maps prepared, ballot methods drafted, etc. • IV PROCEEDINGS The attorney will establish the proceedings which would include, among other things: a) The formation hearings b) The tax rate election c) The bond election re-1 V VALIDATION ACTION It is proms e t aibl —S as court validation action will be necessary to validate the special tax prior to the sale of bonds. All the data assembled above would be pertinent to the City's case. The Engineer's would, quite likely, play key roles in any such adjudication. PHASE III • (not included in this Contract) (informational only) IMPLEMENTATION I) Final Engineering 2) Right -of -Way acquisitions 3) Sale of Bonds 4) Construction 5) Annual Tax Rate Dependent upon the formulas, etc, developed in the Phase I portion of this program, each year someone would have to perform the equivalent functions of a County Assessor, i.e., reestablish the tax amount based upon the benefit formula utilized in the original program, recognizing that this rate cannot increase. Hopefully, the formula that is devised can be stored on computer tape with the annual modification involving not much more than updating and listing changes which occurred in the previous year. u 11 h., • Second: The CITY shall provide ENGINEER with general assistance by furnishing at no cost the following: a) Copies of all existing plans,tax assessor maps, aerial photographs, and existing drainage studies for the area. le) Assist ENGINEER in scheduling meetings with interested landowner and providing available conference room facilities for general meetings. ` Third: The CITY shall reimburse the ENGINEER for ser- vices performed for the studies for the design services based on the hourly rates and costs as submitted to the CITY, but not to exceed a total fee of $20,000 (twenty thousand dollars). Said hourly rates are set forth in Exhibit A which is attached hereto and made a part hereof. a) The above fees shall include incidental expenses, as well as equipment and instruments, the use of office space and minor mate- rials and supplies. Work to be done outside the scope of the project shall not be done without written authorization from the CITY. Compensation for this additional work shall be determined by mutual consent of City and ENGINEER. b) The ENGINEER shall bill the CITY monthly based on the hourly rates submitted to the City. Billing shall be by employee classifications, indicating number of hours worked during the billing period, the hourly rate and the amount billed. Billing will show the amount filled to date, amount paid to date, and current balance to be paid. c) The final ten percent (10 %) of the hourly rate fee stated herein shall not be billed until ENGINEER has completed and the CITY has accepted the final reports. d) The City shall pay the ENGINEER the amount due once each month following approval at a regular meeting of the City Council, Fourth: Period of Performance: Final study and report shall be completed within 0 calendar days a ter receipt of a "Notice to Pro- ceed" issued by the Agency. Fifth: Time Extensions: All time extensions requested by ENGINEER must be maae"in writing to the CITY and approved by the City Engineer before credit can be given. Time delays by the CITY will be automatically added to the ENGINEER's period of performance. The time during which the ENGINEER is delayed in his work by the acts of neglect of the CITY, or its employees, or those under it by con- tract or otherwise, or by an Act of God, which the ENGINEER could not have foreseen and provided for and which is not due to any fault or negligence on the part of the ENGINEER, shall be added to the time of completion of the work. Determination of delays shall be made by mutual agreement between the CITY and the ENGINEER. Sixth: Termination: The right is reserved by the CITY to terminate the Agreement at any time upon written notice to ENGINEER in the event the project or any portion thereof is to be abandoned or indefinitely postponed, or in the case of the ENGINEER's services, in 3C the judgment of the CITY, are unsatisfactory or because of ENGI- NEER's failure to prosecute the work with diligence or within the time • limits specified or because of his inability to perform. In any such case, the ENGINEER shall be paid the value of the services rendered up, to the time of termination, provided however, that in no event shall ENGINEER receive a fee in excess of the maximum fee stated in paragraph three above. - Seventh: Designated Representative: William C. Stookey is designated as the registered I ng� ineer who will represent the Con- sultant and be its sole contact and agent in all consultations with CITY during the fulfillment of the terms of this Agreement. Eighth: Access to Work Product: City Engineer or his des- ignated representative shall at all times ave access to the work product of ENGINEER for this project whenever it is in preparation and pro- gress, Ninth: Compliance with Law: ENGINEER understands, and does hereby agree, t at in the performance of services pursuant to the Agreement, that he shall comply with all applicable laws and governmental regulations pertaining to such services when performed for the CITY. Tenth: Amendment: This Agreement shall not be modified except by an Agreemt nin writing signed by both parties. Eleventh: by AR Assiggnment: This Agreement shall not be assigned, • in whole or in part, MizER. Twelfth: Notices: Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be given by depositing the same in the United States Mail, postage prepaid, addressed as follows: 1) LeRoy D. Bender City Engineer City of Ontario City Hall Ontario, California 91764 2) Willdan Associates 290 South Anaheim Boulevard1100 Anaheim, California 92805 Notice shall be deemed to have been given, for the purpose of this Agreement, on the day that the same is deposited in the United States Mail. • v. • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF ONTARIO By: ATTEST: Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney • r /� WILLDAN ASSOCIATES By: William C. Stookey Chairman of the Board and Executive Vice President EXHIBIT A SCHEDULE OF HOURLY RATES February 1, 1983 CLASSIFICATION Principal Engineer Division Manager Project Manager Senior Project Engineer Project Engineer Traffic Engineer Traffic Engineering Associate Design Engineer Senior Designer Senior Draftsperson /Designer Draftsperson Junior Draftsperson Computer Analyst Survey Analyst /Sr. Computer Analyst Field Survey Coordination Party Chief Two -Man Field Party Three -Man Field Party Construction Observer (Public Works) Real Property Agent Assistant Property Agent Real Property Technician Principal Planner Project Manager (Planning) Senior Planner Associate Planner Assistant Planner Secretarial Building Plan Review Construction Observation (Building) Building Clerk Programming Supervisor Senior Programmer Analyst Programmer Analyst Programmer Computer Data Entry 'Ll.( FEE RATE PER HOUR $ 75.00 60.00 55.00 54.00 48.00 55.00 44.00 36.00 44.00 37.50 28.00 21.00 33.00 45.00 57.00 55.00 105.00 140.00 35.00 50.00 40.00 21.00 55.00 50.00 35.00 30.00 25.00 22.00 38.00 35.00 25.00 52.00 44.00 36.00 30.00 21.00 u INTER- OFFICE MEMO �p DATE April 26, 1983 PHONE,,,,-„ • FROM Thomas Wickum, Captain Rancho Cucamonga Sheriff's Station TO Lauren Wasserman, City Manager City of Rancho Cucamonga SUBJECT Purchase of Furniture for Employee Lounge Our office construction is now complete and we are ready for furnishings for our employee lounge. I have attached a requi- sition for an arm chair, two sofas, a coffee table and an end table. I have also attached copies of the literature we have received in reference to these furnishings. We have about $305 that was budgeted for our office construc- tion and furnishings still available. Seven hundred and twenty dollars over and above the budgeted amount will be needed to purchase the needed furnishings. It is suggested that $720 be transferred from the Sheriff's Department overtime budget to make up the difference. • The employee lounge is an important item for morale and office efficiency. Prior to our new construction we had no space available for our employees, other than the conference room. The conference room is now utilized the majority of the time. Many of our employees not only take their breaks, but eat their lunches at this station. An employee lounge will ensure that they have a place to go and will minimize work disruption. 09 f, Thank you for your consideration to this matter. GG i` -C TW: jec ec Attention: Jan Cover As per your telephone request we offer for your consideration the following items for your employee lounge.: 1 ea 883205 K $ K Sofa 6 359.95 1 ea #83206 K 6 K Love Seat 296.95 Sofa and love seat upholstered in 100$ Olefin fabric, color, "Redii -ood ", e.xi5ed good stained medium oak color. 1 ea #84176 K 6 K End Table 89.95 1 ca #84177 K $ K Coffee Table 125.95 • trod table and Coffee Table are finished in indtation light oak finish 6. 1 ea 083258 ta2aris 9061 Side ARM Chair 69.95 Chair upholstered in Nylon /Olefin blend with genuine oak, stained meduim oak. _ 5942 JS Sales Tax 56,57 $ 999,3? Please allow 3 - 5 weeks for delivery Delivery available at 625.00 for ground floor delivery. Thant: you again for allowing us to assist you in this matter. Sinc :rely, i i RoAney w. NoXy.ell Office Purnfture Sales 811 S. Sultana Ontario, Ca 91761 q7 Patton Sales Couponation 558 East California Street P.O. Box 273 • Ontario. California 91 761 171 4) 968 -6461 %•arch 11, 1983 lndutui,l 5uppues Steel Sltuctur]Is Fipe Fittings Fence Nit,& Fn¢ing Ranc%o Cuc:=,,onga Sherrifls Office Office Fumimm 9333 Rinth Street u Equipment rancho Cucamonga, Ca 91730 Attention: Jan Cover As per your telephone request we offer for your consideration the following items for your employee lounge.: 1 ea 883205 K $ K Sofa 6 359.95 1 ea #83206 K 6 K Love Seat 296.95 Sofa and love seat upholstered in 100$ Olefin fabric, color, "Redii -ood ", e.xi5ed good stained medium oak color. 1 ea #84176 K 6 K End Table 89.95 1 ca #84177 K $ K Coffee Table 125.95 • trod table and Coffee Table are finished in indtation light oak finish 6. 1 ea 083258 ta2aris 9061 Side ARM Chair 69.95 Chair upholstered in Nylon /Olefin blend with genuine oak, stained meduim oak. _ 5942 JS Sales Tax 56,57 $ 999,3? Please allow 3 - 5 weeks for delivery Delivery available at 625.00 for ground floor delivery. Thant: you again for allowing us to assist you in this matter. Sinc :rely, i i RoAney w. NoXy.ell Office Purnfture Sales 811 S. Sultana Ontario, Ca 91761 q7 a rN a:' E2525.T 12525 -T 012548 -T ofoa , •tn,nm i nmim nm Co�,F PE`.CE TABLE AND T>BLES n' .. •'it. l,'i !! Lgh! Oak m PHONE (714) 94�t1 nnn wnwcn itww - f, , , 78F;4[c - • POD HOWR L PHONE (714) W-s57-f-- OFFICE FURNITURE. HARDWARE - STEE. PHONE: (714) 946.6711 i� 1l 3 M( FNU AA111A ROD HOWELL Mor,rcjkP Salesmnn UUT WtgiA C l �� • • � . I nTmv nT. V n Ain Lin OT TO A nenMn n STAFF REPORT � 7 c C DATE: May 4, 1983 r I� 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Approval of Indenture with Southern Pacific Railroad for 84 -Inch Storm Drain Attached is an Indenture Agreement between the Southern Pacific Transportation Company and the City of Rancho Cucamonga covering grant of easement to the City for installation of an 84 -inch storm drain beneath the northbound roadway of the Victoria Parkway underpass in conjuction with the Victoria Project. This is a standard agreement form for the Railroad for a project of this nature. All obligation incurred by the agreement has been assumed by the William Lyon Company through separate agreement previously executed. RECOMMENDATION: It is recommended that City Concil adopt the attached resolution approving said agreement and authorizing the Mayor and City Clerk to sign said agreement on behalf of the City of Rancho Cucamonga. Respectfully subm' (ted, i i L M: as Attachments ) 7 -EC OROINC RED] ESIEO UY 1• V.- - •/Y I U J I `\ OANO WHEN RECORDED MAIL TO Lm. r � ALSO AS.i:GNED p E ED LEASE 8113 AUMT L. 2i z .IV AUDIT NO. ...... t_.1 ................_..__. ob L J " - '- -- -- - - -- - - - - -- SPACE ABOVE TMIS LINE FOR RECD-DE-`S ,SE —� (RRELMIS: BSO- 526.55 -X(N) THIS INDENTURE, made this =day of �� , 1986 , by ' 'Nand between SOUTHERN PACIFIC TRANSPORTATT�JCOMPANY, laelaware corporation, !herein termed "Railroad," and CITY OF RANCHO CUCAMONGA, a municipal corpo- ra tion of the State of California, address: P. 0. Box 807, Rancho Cucamonga, California 91730, herein termed "Grantee "; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, !covenants and conditions herein contained, the right to construct, recon- �,struct, maintain and operate an eighty -four (84) inch storm drain pipe, hereinafter termed "structure," in, upon, along, across and beneath the property and tracks of Railroad, at or near Etiwanda (Rancho Cucamonga) , in the County of San Bernardino, State of California, crossing the center line of said tracks at Engineer's Station 2290 +25, Mile Post 526.55, in the location shown on the print of Railroad's Los Angeles Division Drawing LADE -02, Sheet 1 of 1, dated July 19, 1982, attached and made a part here- of. Said structure shall be installed in accordance with minimum require- ments of Form C. S. 1741, also attached and made a part hereof. 0 -1- 1_ ` Form C -1 July, 1932 2. Project markers in form and size satisfactory to Railroad, identifying the facility and its owner, will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad with- out expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. This grant is made subject and subordinate to the prior and continuing right and obligation o_° Railroad, its successors and assigns, to use all the property described herein in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights heroin granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transporta- tion, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant," as used here in, shall not be construed as a covenant against the existence of any _hereof. 5. The rights herein granted to Grantee shall lacse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of constructin-., reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in anv wav whatsoever with the operations of Railroad. The plans for and the con- struction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to R- iilroad of furnishinc any materials or performing any labor in connec- tion with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. 7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, alter, awiLpe.aoiagoe.aa.G�a ' ^"" ?3vsr.o4.ww.i.�w�ne�rw or at- ereise improve said structure upon receipt of written notice from Railroad so to do. • Form C -1 July, 1982 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon, re- quest of Railroad. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the premises due to Grantee's use and occu- pancy thereof, Grantee, at its excense, shall be obligated to clean the premises to the satisfaction of Railroad and any governmental body having jurisdiction thereover. Grantee agrees to indemnify, hold harmless and defend Railroad against all liability, cost and expense (including without limitation any fires, penalties, judgments, litigation costs and attorney fees) incurred by Railroad as a result of Grantee's breach of this section, or as a result of anv such discharge, leakage, spillage, emission or pollution, reaard- less of whether such liability, cost or expense arises during the life of this indenture unless such liability, cost or expense is proximately caused solely by the active negligence of Railroad. 9. As part consideration, Grantee agrees to pay Railroad an amount • equal to any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one I1) year from the date first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' writ- ten notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's author- ized representative by phone. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon, demand. 11. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and prop- erty of Railroad, should be Let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing 19 out of the performance of the work to be. done by such contractor. -3- Form C -1 July, 1982 r1 � J 12. Insofar as it lawfully may, Grantee agrees to release and in- demnify Railroad, its officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or death of persons arising out of the construction, reconstruction, maintenance, presence, use or removal of said structure, regardless of any negligence or alleged negligence on the part of Railroad employees. The word "Railroad," as used in this section, shall be construed to include, in addition to Railroad, the successors, assigns and affili- ated companies of Railroad and anv other railroad company that may be STATE OF CALIFORNIA ) CITY AND COUNTY OF SAN FRANCISCO) ON 1'NIS 7" )AY OF N�I NIA' "' f- 1983, BEFORE ME, CHRISTOPHER M. LCNDIN (ONE EAZA), A A�8'fkY LZ(IN U`v kUR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED N. E. DIRKS, PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT, AS MANAGER, CONTRACT DEPARTMENT ON BEHALF OF THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXECUTED IT, CHRISTOPHER M. LUNDIN NOTARY PUBLIC- CALIFORNIA PRINCIPAL PUCE OF BUSINESS IN - CITY AND COUNTY Or, SAN FRANCISCO • My Commission Expires Agit 8, 1983 Lee, ac its own eubc dnu expense, ayteeb w SeMiuve bdyu bey uu uuye said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand, or Railroad may, at its option, assume ownership of said structure. 14. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION CITY OF RANCHO CUCAMONGA, C0:•IPANY, By _i. E &, (Title) /, 11 1 Attest: Assistant Secretary By Mayor By Clerk • -4- K'1 �i Q J 0 6. 'daleria ls= Lasing:__ _ Larne. Pica Eielr Dianner- Casinq Canis Pioe _ p P:oe waD :•: "cas ( n cvsmg rf poed, al'mrwus ca •ner pi pe ): 9. Plpe long •qsr! Cn.rier pipe: 100, Ia I• : - is rc.nfarce.) caner.0 A) $, r, Ad I :' oipe , ca:: nvn - A.'N 'n'.A LIASf 12. . a ketch: Plannscrms aaef litlnd deecriplicn of track Or tracks under whic! proposed pipaie to be Oiled together with all 0.nsscry �I �I — I I -- 5v11. Pace Or... rl, Linos \ ---L Er EN 0= —NSd— Pr000ae•1 faetliN O ty `o N j Cl m 7u 41 TO -,H .a Inderyound ! nrker LINE R- YLDW,St/ GgPK RCAA /r'�( 2290O+A; I • ES MP 54,.55 - ti1- ,1- •�-�:-t� STATION .v': ':-.� i APPLICANT /J✓ (ice" ii •%.VIf!(i . ^ll /l\h /�.r />il r frl. Track ACDRE SS —Y. P_" "'. "l��a•ni __ I_ � / Carrier Pipe � `�'�� CITY C /s-I STATE %A ZIP2/73O = —__ r �Caainq FACILITY rNS' /: ?� /V ! PURP05E T'% 4EPV /.r�TFP pKa :IC Se pals and as per C E_ -_ CS 2 Uadergrovnd Signpl Lin. inv AlvaC Yesp No �i j• I, 31s pus unaar Or ........ /G __ 4 D•etaace • ,. a ba:10 Of e e top of coxing '•` Is =J• .if less tta a'3 :0° why -- I' pine oa•r•es E'e eve atanpes cnd has — — �I �— .,d J - �singn unbar and mal ion of vents 6. 'daleria ls= Lasing:__ _ Larne. Pica Eielr Dianner- Casinq Canis Pioe _ p P:oe waD :•: "cas ( n cvsmg rf poed, al'mrwus ca •ner pi pe ): 9. Plpe long •qsr! 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RESOLUTION NO. * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN INDENTURE AGREEMENT BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE RIGHT TO CONSTRUCT AN EIGHTY -FOUR (84) INCH STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS WITHIN THE VICTORIA PROJECT WHEREAS, a storm drain structure is required to be installed beneath the Southern Pacific Trnasportation Company Tracks, at or near Rancho Cucamonga, County of San Bernardino, State of California, crossing the center line of said tracks at Engineer's station 2290 +25, mile past 526.55. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Indenture Agreement between the Southern Pacific Railroad Company and the City for the right to install said storm drain structure at the above described location. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Indenture Agreement be and the same is hereby approved and the Mayor and City Clerk are hereby authorized to sign same on behalf of the City of Rancho Cucamonga. • PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: NOES: ABSENT: Jon D. Mi els, Mayor ATTEST: Lauren M. Wasserman, City Clerk 0 I L J DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT K�C! G� aiO�9 Cy 1A May 4, 1983 II> City Council and City Manager 1977 Lloyd B. Hubbs, City Engineer John Martin, Assistant Civil Engineer Acceptance of Street and Drainage Easements from Southern California Edison Co. Attached is a resolution of acceptance of easement for four parcels over Edison property north of Base Line Road. These parcels will have street and storm drain improvements installed on them in conjunction with construction of the first phase development of Victoria Planned Community. The plans and tract maps were approved by the City in September, 1982. Since that time, Edison prepared and has submitted the attached easement needed for the first phase development. There are yet remaining a number of items to complete prior to the ability to develop. This easement satisfies one of the major items that was required. RECOMMENDATION: It is recommended that Council approve the attached resolution and authorize the Mayor and City Clerk to sign the easement deed on behalf of the City. Respectfully submitted, L8H. JX: jaa Attachments 0 Laos, 1car City of Rancho Cucamonga ROAD AND STORM DRAIN EASEMENT SOUTMERN CALIFORNIA EDISON COMPANY, a Corporation, here- inafter called 'Grantor', does hereby grant to CITY OF RANCHO CUCAMONGA, a municipal corporation, hereinafter called 'Grantee', an easement for Roads and Storrs Drain purposes, in, on, under, over, along and across that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described a5 fO1l.wO: PARCEL 1: (DRAINAGE) That portion of Section 32, Township 1 North, Range 6 West, San Bernardino Base and Meridian described as follows: Beginning at a point in the Westerly line of the East half of the Northwest quarter of said Section 32, said point being South 000 08' 38' West, 284.92 feet, measured along said Westerly line, from the Northwest corner of the East half of the Northwest quarter of said Section 32; thence North 690 04' 45' East, 353.37 feet to a point in the Easterly line at the West half of the !Jest half of the East half of the North- west quarter of said Section 32; thence along said Easterly • Q l'! line South 000 07' 46' West, 69.65 feet; thence south 690 04' 45' West, 353.39 feet to a point in said Westerly line; thence North 000 08' 38' East, 69.66 feet along said Westerly line the to Point of Beginning. Ti PARCEL 2: (ROAD) v That portion of Section 32, Township 1 north, Range 6 West, Sap Bernardino Base and Meridian, described as s f ollovs: r� Beginning at a point in the Westerly line of the East half of the Northwest quarter of said Section 32, said point being North 000 08' 38' East, 1198.44 feet, measured along f said Westerly line, from the southwest corner of the East half = of the Northwest quarter of Section 32; thence continuing along said Westerly line North 000 OB' 38' East, 60.00 feet; thence South 890 52' 14' East, 330.07 feet to a point in the Easterly line of the West half of the West half of the East I... _.. half of the Northwest quarter of said Section 32; thence con- tinuing along said Easterly line South 000 07' 46' East, 60.00 feet; thence North 890 52' 14' Nest, 330.08 feet to the 4R'JE POINT OF 06GINN,NG. PARCEL 3; (ROAD) That portion of Section 32, Township 1 North, Rango E !lest, Sap Bernardino Base and Meridian, as (ol tows: Bcginn Lb) at the Southwest corner of the East half of the Ilor'hwpst quarter of card SOCtton 32: thence North 000 03' 30' Cast, 139.71 (let along the Westerly Line of the East half of the Nur L1.wn : ;t quarter of "rd Scotto.. 32, thence South 890 14- East, 330.35 fool to a otm: in the Easterly line of rl.e Wp t half Of the West Ldif of the hast half of the North - west yrarter or said Seetron 32; thenc continuing alone) :;aid Edo L "rly Line Gouth DC0 n7' 46' Wpct, 14B.GG [ept; tb,unce North 89" 49' ost, 330.19 foot to ',he 2alut of Beginning. Roads and Storm Drain Easement • S.C.E.Co., a carp., to City of Rancho Cucamonga Serial No. 54880\ PARCEI 4: (ROAD) That portion of Lots 7, 8 and 9, Orange Empire Acres, as per map recorded in Book 20, page 1 of Maps, in the office of the County Recorder of said County, lying within the Westerly 330.00 feet of the East half of the Southwest quarter of Sec- tion 32, Township 1 North, Range 6 West, San Bernardino Base and Meridian, described as follows: Beginning at a point in the Westerly line of the East half of the Southwest quarter of said Section 32, said point being South 00° 08. 44' East, 891.82 feet, measured along said Westerly line, from the Northwest corner of the East half of the Southwest quarter of said Section 32; thence South 899 51' 16' East, 330.00 feet to a point in the Easterly line of the Westerly 330 feet of the Bast half of the southwest quarter of said Section 32; thence along said Easterly line south 000 08' 44' East, 60.00 feet; thence North 89° 51' 16' West, 330.00 feet to a point in said Westerly line; thence along said West- erly line North 00° 06' 44' West, 60.00 feet to the point of Beginning. SVWECT TO covenants, conditions, restrictions, reserva- tions, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not. The foregoing grant is made subject to the following• terms and conditions: 1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add for repair, replace, reconstructs enlarge and /or remove in, on, over, under, through, along and across the above described real propertys elec- tric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of milt petroleum, gas, water, or other substancess and conduits for any and all purposes. 2. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Easement grant. 3. The said Easement shall be exercised so a$ not to endanger or interfere with the constructions maintenance, use, oper- ation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmrss ion, distribution or communication linos, pipelines, or other conduits. 4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do sot from and against all claims, liens, encumbrances, actions, loss, damage, expense and /or liability arising from or growing out of loss or damage to property, including Grantor's own property, or injury to or death of personst including employees of Grantor, resulting in any momn�r whataneve , directly or indirectly, by reason of the exercise of the rrgnts hereby granted; provided, however, that this covenant :hall not apply in the.ne instances where !;uch chums, liens, ancumbrances, actions, toss, damage, expense and /or liability e. ar caused by the solo active neglrgencv: of Grantor. • Roads and Storm Drain Easement S.C.E.Co., a Corp., no City of Rancho Cucamonga serial No. 54880A 5. Grantee agrees to nay to Grantor, upon demand, any and all costs of relocation and /or construction of such electric transmission, distribution and communication lines and supooa ing structures, pipelines, and conduits which may be or become necessary by reason of the exercise of the rights granted pursuant to this Easement. 6. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of 27 feet between their equipment and any and all overhead electric conductors. 7. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clea(, and remove any and all obstructions of any kind at all tines. S. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described real prop- erty and which, in the opinion of Grantor, endanger or incerfere with the proper operation or maintenance of said electric transmis- sion, distribution and communication lines, to the extent necessary to prevent any such interference or danger. 9. The above described real property is to be used only for the purposes specified herein and in the event: • (a) said real property is not so used; (b) said real property shall be vacated as a Read and storm Drain rights of way; e[ (c) the project for which this Easement is being granted is abandoned, -3- the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 10. Upon termination or [eversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within sixty (60) days after service of a written demand therefor, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as oforesat d, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein pro- vided and terminating this Easement shall, after ten (10) days from the dace of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termi- nation or reversion of the rights herein given. 11. As a controlling pact of the consideration for the execucien and delivery of this instrument by Grantor, the Easement Is accented upon and subject to the express condition that the improvement for which Ulm Eanenent le given, enatdle:s of the time performed, and any other wort or improvement connected within two from the Bain of recording of this Easement (which improvement years and ether work or im pro wmene are her- inaftec sumetames eolluctively improv ,,m,n,j shall he one without any cost or expense called " d xhaLSoevar to Grantor, and that in the event a special assessment or a ^. r.n ironic , ,r are lovmd by an nutboraxed lawful body against the real nrnperty of r,rem.er far the imp[nvement, Grantee agrees •.h the binding oL char. If will reimmir. ^,e G[anr. or Ind i....,r iii ;ny tarn of :Ile JcaN ee to tern bur^e Grunt'I for ' full ;moon[ nl any °real ru,nr rz m'nG:� ::n luv; wl for :.a I end al: ;u ^h %P .;acs:; lmprnvement am) paid by Grantor. -3- Roads and Storm Drain Easement • S.C.E.Co., a core., to -. City of Rancho Cucamonga Serial No. 54880A 12. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the improvement to be located on the above described real property at its own expense. ll. Grantee hereby recognizes Grantor's title and interest in and to the above described real property and agrees never to assail or resist Grantor's title or interest therein. 14. Any earth fill placed by Grantee within the bound- aries of the above described real property shall have a relative compaction density of ninety percent (909). 15. The rights hereby granted are not necessary or use- ful in the performance of the duties of said Grantor to the public. 16. Parking of vehicles on the right of way will not be permitted. 17. Grantee agrees to maintain the above described real property in a condition satisfactory to Grantor. 18. Any underground facilities shall be capable of supporting three -axle vehicles weighing up to forty (40) tons, and shall be of such type of construction and material as to be sufficient and safe for the purpose for which they are to be used. 19. The two year limitation contained in paragraph 110 above to the contrary notwithstanding. Grantee agrees that it will reimburse Grantor for the full amount of any and all special access- rent or assessments levied for curbs, driveways, sidewalks and /or other improvements which nay at any time be installed at this loca- tion, which special assessment or assessments have been paid by Grantor. 20. Grantee agrees that all fencing and metallic strur- tures installed within the above described real property shall be adequately grounded. 21. The use of the neuter gender herein will, when appropriate, be construed to mean either the masculine or feminine gentler or both. Unless expressly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement inure to the benefit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto. It' WITNESS WHEREOF, said Southern California Edison Company has caused its corporate name and seal to be affixed hereto and this instrument to he executed by the Manager of Right of Way and La d a nd Assistapt Secretary, thn euoto duly authorized this _ do,/ of 19a. SD UTHERN CALIFORNIA EUIG Oti COMPANY Fly C. J. weclson, Jr managnrnot Right cf Way and Land % • Asaietant Secretary -4- _:7CINIAL I, '1 'tNIGMLANO AVENUE; _ 1 J . z;'6 W. ;. ;. NA. :.T d O� 1'1%RI' ^_NE"i pN�.1 v� h•LI �lIY51.Jw��.'. NW COkNER E }.NW4 Scp� SEC. 32.r. nl e.cw R w P ^ �• `oaf "bpw Mme. LINTIO- A Jr lAMV DCSCkl"p S •eFR 9AftRryq e.as�l- 1 � y �Cw,.�APOUlO f.IyUNT ! J G. G. SOOe SoulAern Cs!llomie Edison Company SIM PPR .Y�9q' � •� ±9 Ui Jq.pA V iD 310 _— f NOT UNE,E},;1Wt, j ;EC '32T IN FGW `O� dip r %� 'E'LY El�2,NW �6 Scc 9Z DETAIL NO SGA1.0 '1 _ 1 J . z;'6 W. ;. ;. NA. :.T d •!I$ YR \NT IS i �'ti• '�d`f,•.J Jl^. \l •�•.1 1'1%RI' ^_NE"i pN�.1 v� h•LI �lIY51.Jw��.'. r =IIJJy. •ter• �..��N "� - ^' Scp� J•o. �0�.1 M.i 6 - 9 9 ml"VLH WGO -mlF tOMA 500 KV TlL, R/W `oaf "bpw Mme. LINTIO- A Jr lAMV DCSCkl"p + Ivfl�S(y[NT FOR FEAOMP DRAINLGC Pult"CS •eFR 9AftRryq ,)� T')ro "O( Rm4w) GU(i. G,A. � AS NCIfC V w U NO ^nC+U � y �Cw,.�APOUlO f.IyUNT ! J G. G. SOOe SoulAern Cs!llomie Edison Company SIM '1 AVENUE 'O 'R' 6096127 PARCEL I— SEE DETAIL `4w 4 EC E Ll LINE OF , le, • -F I r • .c., V,,,Y LINE Of Sb9'52 14"E 330.07 6000 •60,30, • 89*5-. 14'W. 330 05' O PARCEL 3 Ilq7t roe 1, , -135 SW �RNLR E-2' wl, 32 SEC Til� R,W v STREET NW MWNER E*, SW 4 0 8q'" 14'. '130. 4 3 ,EST l,Ne, E JNE of Of 'W4, SEC E 32 1 J: 330.00• PARCEL + 4o, 00 89-s1'Il. W, 310co OP SOU THCf44 –AUFC WWtk "I•.SN CDM;;AW? '.• N VESCL EEC. O WNt; 5 -10 WE CITY r,* RANCHO CUCAMONGA. L&I,ID C'CiCP%EEV IN VRNNAUr! EASEMENT To NEC-" Or FCAUCKO CUCAMONGA• • -F I r • .c., • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING STREET AND DRAINAGE EASEMENT OVER SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY NORTH OF BASE LINE ROAD (VICTORIA PLANNED COMMUNITY) WHEREAS, the City Council of the City of Ranch Cucamonga, California has for its consideration a "Road and Storm Drain Easement" prepared by the Southern California Edison Company , a corporation; and WHEREAS, said Easement is needed for the construction and maintenance of streets and storm drain structures in, on, under, over and along real property owned by said corporation; and WHEREAS, said streets and storm drain structures are a vital and functional part of the Victoria Planned Community in the City of Rancho Cucamonga as approved by the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, that said "Road and Storm Drain Easement" be and the same, is hereby approved and the Mayor is hereby authorized to sign said "Road and Storm Drain Easement" on behalf of the City of Rancho Cucamonga, and the City • Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. ATTEST: 0 AYES NOES: ABSENT: Lauren M. 'Waserman, City C erT k Jon Mikels, Mayor ��c,vnt e; CITY OF KA{ \'CI fO C[_•CA,\IONGA titl ENGINEERING DIVISION T dory " VICINITY AIAP \III P B a e WGwLAND AYCHUE -� MRCf L 1 /- 1 / Eu$csr� ID CrePf . 4 z ilY2 r . Fv$cwc 8 I -r- -forla P/.RCfL 3�� ^ � itD oti A Rm ��c,vnt e; CITY OF KA{ \'CI fO C[_•CA,\IONGA titl ENGINEERING DIVISION T dory " VICINITY AIAP \III P B a e 0 r1 L CITY OF RANCHO CUCAMONGA ��cnnro STAFF REPORT P ro i�Z DATE: May 4, 1903 977 TO: Members of the City Council and City Manager FROM: Jack Lam, AICP, Director of Community Development SUBJECT: PROPOSED AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY F RANCHO CUCAMONGA PROVIDING FOR THE CITY'S IMPLEMENTATION OF THE DAY CREEK FACILITIES PROJECT AND ESTABLISHING RDA FUNDING Under the agreement between the RDA and San Bernardino County, that portion of the increment attributable to the County's share is to be used for the purposes of implementing the Day Creek flood facilities project. With the structuring of the program for its implementation it is now necessary to establish the proper funding agreement so that the program may proceed. Enclosed in your packet is a proposed agreement between the Redevelopment Agency and the City of Rancho Cucamonga providing for the City of Rancho Cucamonga's implementation of the Day Creek project through Redevelopment Agency funding. RECOMMENDATION: Staff recommends that the RDA approve the agreement between the Re- development Agency and the City of Rancho Cucamonga for the City implementation and RDA financing of the Day Creek Capital Facilities Project and establishing a RDA - Day Creek capital facilities account. ly submitted, .11 Community Development Director JL:jk Attach. 6w'/ Ll 1] I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 4, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Vacation of the service road located on the south side of Foothill Blvd. in connection with Parcel Map 6114 submitted by Vista Investment The vacation of the frontage road located on the south side of Foothill Blvd. west of Ramona Avenue is required prior to recordation of Parcel Map 6114. Vista Investment, developer of Parcel Map 6114, has requested additional time to submit the map for final approval. Therefore, the public hearing scheduled for the frontage road vacation should be continued until June 1, 1983. RECOMMENDATION: It is recommended that City Council continue the public hearing until June 1, 1983, at which time Parcel Map 6114 will be submitted for final approval. i pl� Attachment �n Y mill"WA N 0 Ld Z11 (17U) = W oa b FOOTHILL BOULEVARD T lkoT a i lrtr4) 122 iL'? •1, IV, VACATION No. 0 -24 v \J `.`at 124 �7 I _ n N m j P All zw 0 2 Z ( LI I 0 • • 42 k STAFF REPORTS ��, mi DATE: May 4, 1983 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Michael Vairin, Senior Planner SUBJECT: APPEAL OF PLANNING COMMISSION DECISION ON GENERAL PLAN AMENDMENT 8Y-­6r A - KANOKVECHAYANT - A request to amend the General Plan Land Use Plan from Medium Density Residential (4 -14 dwelling units per acre) to Medium -High Residential (14 -24 dwelling units per acre) on approximately 15.5 acres of land located at the northeast corner of Base Line and Rochester Avenue - APN 227- 091 -45. SUMMARY: The applicant has requested an amendment to the General Plan to increase the allowable density for approximately 15 acres located on the northeast corner of Base Line and Rochester Avenue. The Planning Commission, at its meeting of February 23, 1983, held a public hearing to consider such request and found that the request was not consistent with the current land use policies of the General Plan and therefore denied the amendment. Attached is the Planning Commission staff report which fully outlines the General Plan policies and goals which are applicable in this case. Also attached is a copy of the Commission Resolution listing the findings for denial and an excerpt of the Minutes for the meeting of February 23, 1983. The Planning Commission's decision to deny the request was based mainly on the fact that the increase in density would not provide the proper transition of residential density in this area as described in the General Plan Land Use Goals and Policies. The Planning Commission felt that the present designation of 4 -14 dwelling units per acre provided a proper transition from the lower density residential to the west to the higher density residential to the east. Other than the applicant, one other citizen spoke at the Planning Commission hearing indicating that he was opposed to the change since there was no immediate proposal for a project. General Plan Amendment 83 -01 A /Kanokvechayant City Council Agenda April 6, 1983 Page 2 • RECOMMENDATION: The Planning Commission recommends denial of this request based upon the findings contained within their Resolution. Resp2�ctf ly Submitted, Ri �k G mez City lanner RG:MV:jr Attachments: Planning Commission Staff Report - February 23, 1983 Planning Commission Resolution 83 -24 Planning Commission Minutes - February 23, 1983 • 7,7 0 Rsesomag CITY ADW41S RCTIOMI ApR 28 IM3 er April 2 E, 10-11 '7!$i91�1ll1�j1i213j4i5j6 } Cl tv of 7anchn Cncamon -a 912n Bn sal ine Read ^nacho Cue neon an, California 91731 Att: Rick Gomez gu; reral PLin Amcndmont ClA- Knnn'cvcchavanr. /P. Corner Baseline 5 Roc'uestere Deer `:r. come z, • I was re cc n 1 retainod by the owner of the above propu rty to do design wo rh relative Co the Cenercal Plan Amondnent anpli cat ion that is now pendin,;. The appl ieati nn is now schoCnled to be rece!ved by the City C'i un c 1 1 on May 4. The o'dner would like to request a 30 c1sy time extension so chat I nay have adequate time to cnnpila supporting, data for the Council's review. I feel this extension is neces sarry to give the Cnunc it ennugh time to revl e the data to make an iaf o rmrd decision on the project. Should you have any lines t ions please do not hest Cate to col 1. S nce re ly, Ihomn v- d.` Davi s °,!n: k.0 9 !� ` i k owner CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 23, 1983 — TO: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83-01A - KANOKVECHA YANT - A request to amend the General Plan Land Use Plan from Medium Residential (4 -14 dwelling units /acre) to Medium -High Residential (14 -24 dwelling units /acre) on approximately 15.5 acres of land located at the northeast corner of Base Line Road and Rochester Avenue - APN 221- 091 -45. I. PROJECT AND SITE DESCRIPTION A. Reguested Action: To change the General Plan Land Use Map for the subject site from Medium density (4 -14 du /ac) to Medium -High density (14 -24 du /ac). B. Purpose: No specific purpose was reported by the applicant. C. Location: D. Size: E. Existing Zoninn: F. Existinq Land Use: G. Existing Surrounding Land Use d Zoninn Northeast corner of Base Line and Rochester (Exhibit "A "). 15.6 acres M -1 (Limited Manufacturing) Vacant, undeveloped North - lumber yard, zoned M -1 South - single family homes, zoned R -1 East - vacant, zoned M -1 West - vacant, zoned Planned Community (Victoria) ., r General Plan Amen .nt B3- 01A /Kanokvechayant \ Planning Commission Agenda February 23, 1983 Page 2 • H. General Plan Project Site - Medium Residential Designations: (4 -14 du /ac) North - Medium Residential (4 -14 du /ac) South - Low Residential (2 -4 du /ac) East - Medium Residential (4 -14 du /ac) West - Low Medium Residential (4 -8 du /ac) I. Site Characteristics: Generally a flat site sloping gently in a southerly direction; no structures; some low weeds and grasses; curb and gutter existing along Rochester. II. ANALYSIS: A. General: The analysis of an amendment to the land use plan generally focuses upon surrounding land use compatibility, General Plan land use goals and policies and potential environmental impacts. As shown in Exhibit "A ", the subject property is 15.6 acres. larger area which is However, this site is really part of a • bounded on the north by Southern Pacific Railroad and on the east by Day Creek Wash. Any consideration of an amendment to the subject site should also include a review of this entire Planning area which encompasses approximately 32 acres. This planning area is surrounded mainly by the planned communities of Victoria and Terra Vista. Exhibit "8" displays the land use designations of each planned community. Victoria designates a Low - Medium density (4 -8 du /ac) to the north and west. Terra Vista designates a Medium density (4 -14 du /ac) on the southwest corner of Rochester and Base Line. 9 S. General Plan Land Use Goals & Policies: The General Plan describes the Medium density category as providing a wide range of living accommodations ranging from conventional single family units to mobile homes and townhouses. Building at the lower end of the range is appropriate adjacent to low and very low residential areas. Development at the higher end of the range is more suitable along transit routes and major or secondary thoroughfares. The General Plan further states that the Medium density category is used to serve as a transition between lo:i density areas to areas of higher density and areas of greater intensity which generate more traffic and noise. General Plan Amelent 83- 01A /Kanokvechayant Planning Commission Agenda February 23, 1983 Page 3 • During the development of the General Plan, this planning area was subject to much discussion. Originally, the area was designated as Low - Medium (4 -8 du /ac). After further analysis by the Commission and Council, it was decided that the Medium range (4 -14 du /ac) would be more suitable for this area, as it would provide a transition from the lower densities in the planned communities west of this area and the existing Rochester tract to the east toward the higher densities and increased intensity between Day Creek Boulevard and Victoria Parkway. The General Plan chacterizes the Medium -High range for areas of major community facilities and employment opportunities. This planning area should provide a transition from lower intensity uses to higher intensity uses while at the same time allow for development at the higher end of the range as a result of its location on a major thoroughfare. C. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff completed the environmental checklist and found no significant adverse environmental impacts as a result of the amendment. • As always, increased densities as a result of development will incrementally add to such things as increased traffic and increased water runoff. However, these increases are not viewed as significant adverse impacts as these increases are within the capability of the projected street and flood control facilities. The increased density, if built at the highest density, would cause approximately 1,000 additional vehicle trips per day beyond the current General Plan level. Base Line will have an ultimate capacity of 43,000 trips per day and Rochester 22,000 trips per day. At the current land use levels, Base Line is currently projected to carry about 30,000 trips per day. Therefore, a 1,000 trip per day increase is not impacting the capability of the street system to handle the increased density. Therefore, if the Commission chooses to recommend approval of this amendment, it is recommended that issuance of a Negative Declaration be recommended to the City Council. III. FACTS FOR FINDINGS: Following are the findings required to be made for approval of this amendment. A. The amendment does not conflict with the residential land use • policies of the General Plan. 7J 4 General Plan Amendment 83- 01A /Kanokvechayant Planning Commission Agenda February 23, 1983 • Page 4 B. The amendment promotes the goals of the Land Use Element. C. The amendment would not cause significant adverse impacts on the environment. 0. The amendment would not be materially injurious or detrimental to adjacent properties. This amendment would not be materially detrimental to adjacent properties or cause significant adverse environmental impacts as listed in "C" and "D" above. The Commission should examine and decide whether the amendment to a Medium -High density would promote the land use goals and purposes of the General Plan. IV. CORP.ESPONEDNCE: This item has been advertised as a public hearing in The Daily Report newspaper and notices were sent to property owners within 300 feet of the subject property. V. RECOMMENDATION: • It is recommended that the Planning Commission conduct a public hearing and receive all public input on this matter. If the Commission finds that the requested amendment is consistent with General Plan goals and policies, a recommendation of approval to the City Council would be appropriate. If these findings cannot be met to the Commission's satisfaction, a recommendation of denial to the City Council would be appropriate. Resdectfully 3ybmitted, Rick G mez City P anner RG:MV:jr i Attachments: Exhibit "A" - Site Map Exhibit 9" - Planned Communty Designations Exhibit "C" - General Plan Designations Part I, Initial Study Resolution of Approval Resolution of Denial 0 77 I J rA _BM tf Gag L -A Pi I 2OBTA NE19 Boo _BM tf Gag L -A Pi • 0 c c M.0 MCINTAN"A 89110FA I FLM aGl1�`iI %TNT F.4=400IMMOMM CA PASCS_ MM 22a- C91-45 /ice -Tns�c arrx 'L. `� �T •kf7 off-" EI.iO ELF vvr"o a4mp%. O�J' of vive;y.�lr �L!^arf� cwe.aNm M—' i! P1.FK.+d yof Lf1F1�IL YNFa' OO/ P.C. , I , \ -SbB�ECi�'/��\`: M- VICTORIA 5 POPER r r . \w 15.628 ACRES .;. M- I GIFT MW�vEP-°.'r �TEFRA 1, STA' P C (J.1CANi� �\ • • '(R�+C -1 Io��el�crv, =;.r� ror.Trta�s j /I 1' -300' 7 �. 1 s c ..... �.. ....nw..✓w.n�....... ew Fi.. n «eW...�n. b.W�YMw M.,uWfLwWMaYan �. a i... • • Figure III -1 LAND USE PLAN RESIDENTIAL VERY LOW <z DU'SAC L: J LOW za DU'''AC _ - -_I LOW- MEDIUM 4- 8W. /kC - ] MEDIUM 4 1 Du'.. AC C-7 MEDIUM-HIGH 1 <24 DU'VAC HIGH 7430 DU's'AG U MASTER PLAN REQUIRED COMMERCIAL /OFFICE W Ca COMMERCIAL C 71 COMMUNITY COMMERCIAL i. • I NEIGHBORFOOD COMM. REGIONAL COMMERCIAL f37::5 OFFICE INDUSTRIAL L. - -I INDUSTRIAL PARK L'.:7 GENERAL INDUSTRIAL GENERAL RAIL SERVED INDUSTRIAL/ Wlzm HEAVY INDUSTRIAL OPEN SPACE L_.7 HILLSIDE RESIDENTIAL C -- I OPEN SPACE L FLOOD CONTRODUTILITY COED SPECIAL BOULEVARD PUBLIC FACILITIES ,E,.; EXISTING SCHOOLS r� Lrp; PROPOSED SCHOOLS' I- PARKS'IExISTwG GAFFS SHOWN P) I • 7 CIVIGCOMMUNITY CITY OF RANCHO CUCAMONGA GENERAL PLAN E l � RESOLUTION NO. 83 -24 A RESOLUTION OF THE PLANNING COPIMISSIOjN OF THE CITY OF RANCHO CUCAMONGA, . CALIFORNIA DENYING GENERAL PLAN AMENDMENT 83 -01A TO AMEND THE NORTHEAST CORNER OF BASE LINE AND ROCHESTER, APPROXIMATELY 32 ACRES, FROM MEDIUM DENSITY RESIDENTIAL (4 -14 DU /AC) TO MEDIUM -HIGH DENSITY (14 -24 DU /AC) WHEREAS, the Planning Commission has held a public hearing to consider said amendment; and WHEREAS, the Planning Commission has considered both the pro and con issues of said amendment, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission denies General Plan Amendment 83 -01A based on the following findings: A. The amendment does not Conform with the residential land use policies of the General Plan. B. The amendment does not promote the goals of the Land • Use Element. APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY, 1983. P LANNI NC CM *, jISSION 07. HE CITY OF RANCHO CGCaAONGA BY: /N _ Jef r ngy Chdirman i ATT T: ! ( Secretary of the Planning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meetino of the Planning Commission held on the 23rd day of February, 1983, by the following vote -to -wit: AYES: COMMISSIONERS: MCNIEL, BARKER, REXPEL, STOUT, KING NOES: COMMISSIONERS: NOIIE 49 ABSENT: COM'•IISSIONERS: NONE C� Excerpt from Planning Commission Minutes - February 23, 1983 • * N X ♦ # I. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 83 -OIA - KANOKVECHAYANT - A request to amend the General Plan Land Use Plan from Medium Residential (4 -14 dwelling units /acre) to Medium -High Residential (14 -24 dwelling units /acre) on approximately 15.5 acres of lard located at the northeast corner of Base Line Road and Rochester Avenue - APN 227- 091 -45. (Continued from Planning Commission meeting of January 26, 1983). Michael Vairin, Senior Planner, reviewed the report to the Commission. Chairman King opened the public hearing. Dr. Raveewan Kanokvechayant, applicant, addressed the Commission thanking the City staff for helping her prepare the application a General Plan amendment from Medium Residential to Medium -High Residential. She stated that this density only appears in the planned communities areas and that she had been contacted by a developer who was interested in her property, but the property did not carry a high enough density for her to sell it. Also, she did not feel that a problem would be created in this amendment. Dr. Kanokvechayant stated that she objected to a staff report statement that indicated that the entire 36 acres needed to be considered in the amendment of this property because her property is a different situation since her property is bounded by two major streets, Base Line and Rochester, which could carry more traffic and • this traffic would not affect the Rochester tract. Don Baer, Etiwanda resident, addressed the Commission in opposition to the rezoning of this property. Mr. Baer stated that this property was the subject of lengthy debate during the General Plan hearings. Further, that he realized that densities would change and was not against change as long as there is a good plan; however, there doesn't seem to be a plan for this property as of now and that raising the density of the property without knowing what is going to be built there would be contrary to the planning the City has spent the last five years doing. Dr. Kanokvechayant addressed the Commission stating that she is not a developer or builder and cannot afford to bring a plan before the City. She further stated that she would make sure that a good plan for the property was submitted to the City. Also, that one plan she had been working on was similar to the project on Grove Avenue and 8th with a parking lot underneath; however, was not financially able to complete these plans. There were no further comments and the public hearing was closed. Commissioner MCNiel atated that he is of the opinion that the density is at maximum now and it is out of reason to rezone it a higher density. Chairman King stated that this specific parcel of property was discussed at length at the General Plan hearings and that everyone basically felt that Day • Creek was the more centrally located and more mass- transit oriented roadway and therefore the higher density should be placed along that major arterial. Further, that this piece of property has the highest density of any property G. • west of Day Creek over to Haven north of Base Line and up to the Foothill Freeway and the reason it has the present density is because of its location with regard to Base Line and Rochester. It was felt that this piece of property was a good piece of property to have this higher density on. Further, to raise the density any higher would be against much of the discussion at the General Plan hearings and that good planning calls for the density that presently exists. F- I L Commissioner Rempel stated that the comment made by Mr. Baer is applicable in this case and that a plan really has to come first. There were no further comments and Chairman King called for the motion. Motion: Moved by Mc Niel, seconded by Barker, unanimously carried, to adopt Resolution 83 -24 to deny General Plan Amendment 83 -01A. AYES: COMMISSIONERS: Mc Niel, Barker, Rempel, Stout, King NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None - carried- ORDINANCE NO, 2Ca AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING A PORTION OF ASSESSOR'S PARCEL NUMBERS 208- 011 -02 AND 04, FURTHER DESCRIBED AS PARCEL 3 OF PARCEL MAP 6395, LOCATED SOUTH OF BASE LINE, ON THE WEST SIDE OF HELLMAN AVENUE, FROM R -3 TO R -3 /P0, FOR TENTATIVE TRACT 12362 The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. • B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein, SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. Assessor's Parcel Numbers 208- 011 -02 and 04, a portion thereof, further described as Parcel 3 of Parcel Map 6395, approximately 6.4 acres in size and located south of Base Line, on the west side of Hellman Avenue, is hereby changed from R -3 (Multiple Family Residential) to R -3 /PD (Multiple Family Residential /Planned Development). PASSED, APPROVED, and ADOPTED this 20th day of April, MD. AYES: NOES: ABSENT: is _ Jun D. MikelS, Mayor �U r� u • U CITY OF RANCHO CUCAMONGA '1i STAFF REPORT °`�� DATE: May 4, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kral], Engineering Technician SUBJECT: Public Hearing to Approve Granting of Easements Across 8th Street for Railroad Spur Purposes in Connection with Parcel Map 7555 R. C. Associates has requested that the City grant two (2) railroad easements across Sth Street to provide for railroad spur lines from the Atchison, Topeka and Santa Fe Railroad track to serve their property to the south. This rail service will be needed in the near future. These 30 foot wide easements as shown on the attached map and described in the attached legal descriptions will be reserved for railroad spur use when 8th Street is abandoned. The abandonment procedures for 8th Street are being delayed due to difficulties in defining utility easements to be reserved. RECOMMENDATION: It is recommended that City Council adopt the attached resolution granting the above described easements. Respectfully submif�.�ed, /LBH�jK�' as Attachment �'5 . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING TWO EASEMENTS ACROSS 8TH STREET FOR RAILROAD SPUR PURPOSES WHEREAS, the City Council of the City of Rancho Cucamonga, California, hereby elects to proceed under Government Code Section 37357; and WHEREAS, the City Council hereby grants easements across 8th Street for use as a railroad spur track, a legal description of which is attached and marked Exhibit "A ", along with a map marked Exhibit "B ", and by reference made a part of. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, grants easements across 8th Street for use as a railroad spur to the owners of property described by Parcel Map 7555 and authorizes the Mayor and City Clerk to sign the easement deeds. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: NOES: • ABSENT: E Jon D. Mikels, Mayor ATTEST: Lauren M. Wasserman, City Clerk • EXHIBIT "A" EASEMENT DESCRIPTION A strip of land 30.00 feet in width in the City of Rancho Cucamonga, County of San Bernardino, State of California, the centerline of said strip being described as follows: Beginning at a point in the north line of Parcel 1 of Parcel flap No. 7555 as shown on a map filed in Book 77, Pages 42 through 43 of Parcel Maps, records of said County, said point being distant thereon S 88 003'10" W, 244.74 feet from the northeast corner of Parcel 1 of said Parcel Map No. 7555, said point also being on a curve concave southerly having a radius of 478.339 feet, a radial of said curve to • said point bears N 30 °57'31" E; thence, westerly along said curve through a central angle of 17 °42'06" an arc distance of 147.78 feet to the south- erly line of the A.T. 8 S.F. Railway right of way (100 feet wide) as r said right of way is shown on said Parcel Map No. 7555. The sidelines of said strip to be lengthened or shortened to ter- minate easterly in the northerly line of Parcel 1 of said Parcel Nap No. 7555 and to terminate westerly in said southerly line of said A.T. 8 S.F. Railway right of way. All as shown on Exhibit "B" attached hereto and made a part hereof. Prepared under the supervision of: Jo ph D. Hyde, r. R.C.E. No. 12491 • G G EXHIBIT B N.E COR. PCL.1 so z?' POINT OF SCALE 1 "_ 40' A ry Q V C_ J c H of V �D )M M ENCE MEN T SPM. >,555�2 LL lJ2 vNj J � l J za �N 72'3910W 32.06' +' &AO 43' 04" R =602.65' L = 7. 55' P 4 Yti Q' Q EASEMENT DESCRIPTION • A strip of land 30.00 feet in width in the City of Rancho Cuca- monga, County of San Bernardino, State of California, the centerline of said strip being described as follows: Commencing at a point in the east boundary line of Parcel 1 of Parcel Map No. 7555 as shown on a map filed in Book 77, Pages 42 through 43 of Parcel Maps, records of said County, distant thereon S 0 022'01" E, 40.015 feet from the northeast corner of said Parcel 1, said point being on a line 40.00 feet southerly of and parallel with the north line of said Parcel 1; thence, S 88 °03'10" W, 32.87 feet to the beginning of a curve concave northerly having a radius of 478.339 feet; thence westerly ,along said curve through a central angle of 19 °11'40 ", an arc distance of 161.08 feet; thence, N 72 039'10" W, 32.06 feet to the beginning of a curve concave northerly having a radius of 602.65•feet; thence, westerly along said curve through a central angle of 0 °43'04" an arc distance of 7.55 feet to a point in the north line of said Parcel 1, said point • being the True Point of Beginning, a radial of said curve to said point bears S 18 003'54" W; thence continuing along said curve through a cen- tral angle of 6 026'06" an arc distance of 67.68 -feet to the beginning of a reverse curve concave southerly having a radius of 478.339 feet, a radial of said curve to said point bears N 24 °30'00" E; thence, westerly along said last mentioned curve through a central angle of I1 014'35" an arc distance of 93.86 feet to the southerly line of the A.T. 8 S.F. Railway right of way (100 feet wide) as said right of way is shown on said Parcel Map No. 7555. The sidelines of said strip to be lengthened or shortened to ter- minate easterly in the northerly line of Parcel 1 of said Parcel Map No. 7555 and to terminate westerly in said southerly line of said A.T. 8 S.F. Railway right of way. All as shown on Exhibit "B" attached hereto and made a part hereof. • JJPffr33e ared under the supervision of: �� uoteph �y JiJr. i EXHIBIT B SCA LE 1 "= 4 0' SLY, LINE A. T. L S.F. R. R/W NLY. LINE A .T Z S.F. R. R. R / W a c? I I N E.COR, PC L. 1 \ELY. LINE PC L.1 P. M., 7555 I� I° ,r,_NLY. LINE PCL.1 F.M. 7555 3 o_ m O POINT OF BEGINNING 3A /S. RNO�• 1% pry Q, Q l 0 • 12 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 4, 1983 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Rick Marks, Associate Planner SUBJECT: SENIOR HOUSING OVERLAY DISTRICT: DRAFT GENERAL DEVELOPMENT AGREEMENT ABSTRACT: This report contains a draft Development Agreement to be used in conjunction with senior citizen housing projects developed under the provisions of the Senior Housing Overlay District. BACKGROUND: The Planning Commission and City Council have recently been involved in creating an overlay district containing development incentives designed to stimulate the production of affordable senior citizen oriented housing for low- and moderate- income senior citizens. One of the key City concerns has been the long -term problem of ensuring that all units developed under the provisions of the Senior Housing Overlay District remain available and affordable to the intended occupants. Development Agreements provide a vehicle by which the City can meet this concern in a simple and legally enforceable manner. Draft Development Agreement: The attached Development Agreement has been drafted by the City Attorney and Planning staff in order to demonstrate to the City Council the basic contents of such an agreement. In preparing the draft agreement it was intended by staff that certain provisions would run uniform throughout all Development Agreements entered into by the City. Those sections of the draft Development Agreement especially pertinent to a particular project are indicated by "blanks" which would be filled in by the staff at the time an applicant applies for assistance from the City. Development Agreements will be processed along with projects and brought to the Planning Commission and City Council for review and approval. On April 13, 1983, the Planning Commission reviewed the draft general Development Agreement and approved it with two changes. H. GENERAL DEVELOPMENT AGREEMENT FOR SENIOR HOUSING OVERLAY DISTRICT • Rick Marks, Associate Planner, reviewed the staff report. Vice- chairman Stout opened the public hearing. There were no comments, therefore the public hearing was closed. Vice - chairman Stout stated that he would suggest that paragraph 12 a under "Target Population" on page 4 have the words "the head of household" stricken so that it would read that either spouse would have to be fifty -five years or older. Jack Lam asked if the problem was with the term "head of household ". Commissioner Stout replied that the term "head of household" has both traditional and legal meanings and that if the husband was 53 and the wife 55, they should also be eligible. Ted Hopson, Assistant City Attorney, stated that the target population wording is from HUD Section 8 language; however, he did not see a problem with rewording this section so that either spouse could be 55 or older. Vice - chairman Stout referred to the second paragraph on page 5 dealing with rent increases and asked if the notification requirement included the City. Rick Marks replied that it did not. Vice - chairman Stout suggested that this be required because the City would • more than likely receive complaints from tenants when rents are increased and would at least be well informed. Mr. Hopson stated that there is an annual review process and the question is how intrusive the City should be in the operation conducted by the property owner. The argument was presented that if income levels increase in the County shifted every six months, it would be appropriate at that time to raise rents. Staff felt that it would be justifiable for the City to rely on the good faith effort of the property owner to adjust their rents accordingly, and that during the annual review the City would learn of all rent increases. Vice-chairman notifiedhby the w landlord that rntsowerevbeing� increased than to hear it from the residents. Further, that language should be included in paragraph 13 of page 4 to require that the City be notified of rent increases for the units for which a project was given some type of density bonus or fee waiver because the City has given them something and should see what it is getting in return. Further, that he was not interested in the market rate apartments, only those units occupied by senior citizens whether they are target population or not. • 0 Commissioner McNiel stated that he agreed with Vice - chairman Stout and felt that it would be of benefit to the landlord if he notified the City of his intention to increase rents. There was further discussion on this topic with the decision being that this recommendation would be made to the City Council. Vice - chairman Stout referred to the termination and eviction requirements on page 7 and asked if they complied with California law. Mr. Hopson replied that "a ", "b ", and "c" comply with California law, however, "d" ties in with the target population income restrictions. He further explained that the final paragraph of section 18 is less restrictive than HUD Section 8 and more restrictive than California state law. Motion: Moved by McNiel, seconded by Juarez, unanimously carried to adopt the Resolution recommending approval of the General Development Agreement with the omission of the "head of household" reference in Section 12 (a) and insertion of "either spouse ", and the requirement under paragraph 13 that the City as well as the tenants be formally notifed of rent increases. 49 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: McNiel, Juarez, Stout None Barkar, Rempel I - carried- AYES: NOES: • ABSENT: 49 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: McNiel, Juarez, Stout None Barkar, Rempel I - carried- C A L CPI'Y OF RANCHO CUCAMONGA STAFF REPORT DATE: April 6, 1983 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Rick Marks, Associate Planner q1%101. N+I- SUL"T: SAMPLE DEVELOPMENT AGREE'ENT: FOR INFORMATION 0'1L° 90 ACT IU,4 RE00IRED ABST?ACT: This informational report contains a simile Development Agreement which is to be approved by the City Council in conjunction with senior citizen housing projects developed under the provisions of the Senior Overlay District. Attached also for Council review is a project cost analysis (pro forma) submitted by Calmark Oevelooment Corporation for their senior's Heritaoe Park Project. This cost analysis.vill be used in shaping a Development Agreement between the City and Calr..are, BACY.GROU'ID: On 'larch 2, 1983, the City Council reviewed Zoning Oro:nance .vnendient 83 -02 creating a Senior Housing Overlay District in the City. The Council did not take action on the Amenoment and instructed staff to prepare supplemental information relative to the new Overlay District including a draft Development Agreement. Staff was further instructed to bring the supplemental information to the City Council on April 6, 1983 for its review and approval. Development Agreements - Points of Authority: The California Government Code (Sections 65864- 65369.5) allows cities to enter into agreements with developers, the contents of wnich shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum heignt and size of proposed buildings, and provisions for reservation or dedication of land For public purposes, The Government Code further provides that a development agree -ent shall be enforceable by any part thereto. Relationship to Senior Housing Overlay District: One of the ley concern, that the City has regarding the Overlay District is that of irrupting the long -term availaoility of the units for the target an oul a•,nn inn :nsurinn that rents charged are affordable to that pop'wlat'un grn.;p. Da•, „I,; p-,ent Agreements, pro•nde a vehule by .vnich the City ran the orom¢tihn of affnrdahle senior citizen oriented housing attrlct.iv•> to the pri,wate sector wnile protecting the long -r.erj availability and affor,:in4 lity Of the units produced as •vell as insuring compliance with othar city r�q;wrr ^ments, 4 Samoie CeveioG72nt e!rent April 6, 1933 Page 2 The Development Agreement, as drafted by staff and reviewed by tte Council, will form the basis of future agreements entered into by t City and developers not senior housing units in the Senior Ho a s1np Overlay District. Sample Develop -ent Agreement: The attached sample Developme=nt Agreement has peen drafted by the City Attorney and Planning staff in order to demonstrate to the City Council the basic contents of such an agreement and to seek feedback from the Council. In preparing the sample agreeant it was intended by staff that certain provisions would run uniform throughout all Develooment Agreements entered into by the City. Those sections of the sample Development ,Agreement especially pertinent to a particular project basis are indicated by "blanks" which would be filled in by the staff at the time an applicant applies for assistance from the City. Cal-oar'< Cost Analvsis (oro formal for Heritane Park Project: Attached To rerevie.r is toe cost analysis ana request for City assistance ( develooment incentives) prepared by Calmark. This item is included in order to sho.v the City Council how the cost analysis and request for • assistance will be integrated with the proposed basic Developme=nt Aoroe -gent. City staff will use the cost analysis and request as a basis for negotiating vita the project develooer (in this case Calmark), drafting a Development Agreement and making recoc.mendat ions to the City Council. it is anticipated that all Development Agreements entarea intn under the prow ons of the Senior Housing Overlay District will be shaped in this manner. Next Steos: Based on City Council direction, staff will use the sample Development Agreement and information submitted by Calmark to draft a Develooment Agreement for the proposed Heritage ?ark Project and send it to the Council for its review and approval. No ACTION REOUNED Resaect`p lly,;udj iitied, R IC'6 Gtrnez Clty 7gannnr ( RG:RP1;jr d tta Gnnent; ' ,no 1'' 5 i v•, 1,;r; 7 ^nt Agreement Calmar''< Analysis Calm.tr< ?,M;i..st for Assist;rcc DEVELOPMENT AGREEMENT • THIS AGREEMENT is entered into this _ day of , 198 between (" Property Owner") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ( "City "). RECITALS This Agreement is predicated upon the following facts: 1. Government Code section 65864- 65895.5 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. 2. Under section 65865, the City has adopted rules and regulations establishing procedures, requirements and administrative guidelines for consideration of development agreements. 3. Property Owner has requested City to consider entering into a development agreement and proceedings have been taken in accordance with City's rules and regulations. • 4, City has found that the development agreement is consistent with the General Plan. 5. On 19_, City adopted approving the development agreement with Property Owner and said action was effective on , 19_. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Rancho Cucamonga. b. "Project" is the development approved by City, described further in par -raph 8 hereinbelow. C. "Property Owner" is and includes all o its successors in interest and assigns. d. "Real property" is the real property referred to in paragraph 3 hereinbelow. • 1 F7 0 e. "Senior Housing Overlay District" is the zoning category created by City Ordinance No. __ adopted 19 f. "Target population" is the primary group of occupants, residents and tenants occupying any and all units or apartments in the Project as further defined in the senior Housing Overlay District. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Description of Real Property. The real property which is the subject of this Agreement is described more fully in Exhibit "A" attached hereto and incorporated herein by reference. 4. Interest of Property Owner. Property Owner repre- sents that it has full legal title to the real property, that it has full legal right to enter into this Agreement, that there is no other person or entity which has anv other interest in fee ownership to the real property, and that all • other persons and entities who may hold legal or equitable interests in the property agree to be and are bound by this Agreement. If there are any holders of deeds of trust on the real property which may be senior to the lien of this Development Agreement, the holders of such deeds of trust have assented to the terms of this Development Agreement in writing and agree to be bound by the provisions hereof. 5. Bi c nding El of Agreement The burdens of this Agreement shall run with the real property and shall bind, and the benefits of this Agreement shall inure to, the successors in interest and assigns of the parties to it. 5. Relationship of Parties It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and is not the agent of City for any purpose whatsoever. 7, Citv's Anoroval Proceedings for Project. On 19_, City approved On 19_, the City adopted a zoning designation of "Senior Housing Overlay District" for the real property. The record of the applications by Property Owner, pro- ceedings before the Planning Commission and the City Council of City on file in the office of City and all Of the files and records in these matters are incorporated herein in full by this reference as though set forth in full. Property Owner proposes to construct apartment units, recrea- tional and common area facilities, and _ parking spaces and other amenities on the subject property, all as are set forth more fully in the site plan for Planned Development ( "Site Plan ") submitted by Property Owner and approved Sy City, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. The Site Plan in- cludes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. 8. Changes in Project. No change, modification, revision or — alteration may be made in the site plan without review and approval by City. 9. Term of Agreement. The term of this Agreement shall commence on the effective date set forth hereinabove, regardless of the date of execution hereof, and shall continue for _ years, subject to the annual review described in paragraph 15 hereinbelow. I* 10. Time for Construction. Property Owner agrees to begin construction of the Project within days after the effective date of this Agreement and to diligently prosecute to completion the construction of the Project. It • is anticipated that Property Owner will complete the Project within days after the date actual construction begins. Property Owner shall make reports of the progress of construction in such detail and at such time as the City may reasonably request. 11. Restrictions on Rental Units. Except as set forth hereinbelow, all tenants, occupants and residents of each and every apartment or unit in the Project shall meet the criteria set forth in paragraph 12(a) and (b) below. Property Owner shall restrict the availability and occupancy of all rental units or apartment units in the Project pri- marily to the Target Population as described more fully below. The "primary resident population" of the Project which must be reserved for and occupied by the Target Popu- lation shall be % of the units or apartments. Property Owner shall use its best efforts to make the entire Project available to the Target Population. Apartments reserved for the primary resident population of the Target Population may not be rented, occupied, leased or subleased to tenants or occupants who are not in the Target Population without the City's prior written consent, except as set forth below. A person or persons not a member of the Target Population may occupy an apartment of those apartments reserved for the Target Population if they occupy the unit with a resident • occupant who is within the Target Population and: �i j 13. Rents and Rent Adjustments. The Property Owner shall establish an maintain a� ordable base rents and utility allowances for all apartment units subject to the restrictions of paragraph 11 in the Project. For the pur- poses of this provision, rent shall include both the amount charged for occupancy of an apartment and any utilitv allowances if utilities are not separately metered. If utilities are separately metered, they will not be considered in the base rent. Rents for anartments subject to the restrictions of paragraph ll may not exceed amounts consistent with the following base rent formula; Rents charged will be affordable to individuals or couples earning equal to or less than eighty per - cent (903) of the current County of San Bernardino median income as 4 a, then, only in an emergency, and for so long as the state of emergency exists; b. on a temporary basis, not to exceed three (3) months out of any calendar year (grandchildren, blood relatives); and C. medical support personnel or private nurses for resident occupants within the Target Population. 12. Target_POnulat ion. Tenants, residents or occupants in the units reserved in accordance with paragraph 11 in the Project shall meet the following criteria: a. For tenants, residents, or occupants who are married to each other, either spouse shall be fifty -five (55) years of age or older. b. For individuals who are not married, each individual shall be fifty -five (55) years of age or older. C. In addition to the age restrictions set • forth in subparagraphs a and b above, any individual or married couple who wish to occupy or reside in the Project shall have and maintain an annual income from all sources equal to or less than eighty percent (808) of the median income for persons or couples within the County of San Bernardino as currently defined by the Federal Department of Housing and Urban Development. 13. Rents and Rent Adjustments. The Property Owner shall establish an maintain a� ordable base rents and utility allowances for all apartment units subject to the restrictions of paragraph 11 in the Project. For the pur- poses of this provision, rent shall include both the amount charged for occupancy of an apartment and any utilitv allowances if utilities are not separately metered. If utilities are separately metered, they will not be considered in the base rent. Rents for anartments subject to the restrictions of paragraph ll may not exceed amounts consistent with the following base rent formula; Rents charged will be affordable to individuals or couples earning equal to or less than eighty per - cent (903) of the current County of San Bernardino median income as 4 determined by the Federal Depart- • ment of Housing and Urban Develop- ment, which rent shall also on an annualized basis be equal to or less than thirty percent (308) of the eighty percent (808) of the current median income. For purposes of this section, rents charged for all one (1) bedroom units shall be subject to computation based upon eighty percent (808) of the median income for a two (2) person household. Rents charged for all two (2) bedroom units shall be subject to computation based upon eighty percent (808) of the median income for all households (4 or more persons). In the event that rents are increased, a minimum of thirty (30) days' written notice of any rent increase shall he provided to the City and to all affected tenants. Notwithstanding the foregoing, Property Owner shall use its best efforts to charge affordable rent for all units within the Project in addition to those subject to paragraph 11 above. 14. Maintenance of Apartments as Rentals. During the • term hereof and such extensions as may be agreed to, all apartments in the Project shall remain rental units. No apartment in the Project shall be eligible for conversion from rental units to condominiums, townhouses or any other common interest subdivision in which some fee ownership in the apartment would be granted to a person or entity other than the Property Owner or in which ownership of the Project would be transferred to a corporation or other entity which would then sell stock or some other cooperative ownership interest to a prospective owner or occupant of an apartment or dwelling unit. 15. Annual Review. The Property Owner shall file with City an annual report containing information specified herein for the preceding calendar year. Said annual reports shall be filed with the City no later than March 15 fol- lowing the previous calendar year. The report shall contain such information as City may then require, including, but not limited to, the following: (a) rent schedules then in effect; utility charges (if any); (b) Project occupancy profile including age, income characteristics of residents, number of automobiles . 0 owned by Project residents (total); (c) Listing of substantial physical defects in the Project including a description of any repair or maintenance work undertaken in the reporting year; (d) A description of maintenance of the Project including the condition of units, apartments, land- scaping, walkways, stairs, recreational areas, and so forth. City shall he allowed to conduct annual ohvsical inspections of the Project as it shall deem necessary. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess their satisfac- tion with the Project. The survey may contain, but shall not necessarily be limited to, questions regarding management /tenant relations, maintenance of the Project, design features, general attitude toward the Project, and so forth. 16. Additional Reporting_ Items. Prior to the execution hereof, Property owner shall submit to the City the following information: • a. An analysis of the cost of the Project including land cost, construction cost, financing cost, and so forth; b. Tenant selection procedures which shall detail the methods that Property Owner shall use to advertise the availability of apartments in the Project and screening mechanisms that Property Owner intends to use to limit the occupancy of the apartments to the Target Population, 17. Tenant Selection, Contracts and Rules and Reg u.1 tions. On receipt of an application for occupancy in the Project, Property Owner shall determine the eligibility of the occupant under the terms of this Development Agreement. Property Owner shall verify the information sup',-1'ed by the applicant and shall verify the income of the applicant for the purpose of determining qualification. Property Owner may refuse to rent to an applicant if it determines that false information has been supplied on the application or, in the two years preceding the application, the applicant has been evicted by a court of law. Property Owner may not use source of income or marital status in determining eligibility. All agreements for rental of units in the Project shall be in writing. The proposed rental agreement or lease form shall be provided to City for its review and approval. Procosed rules of conduct and occupancy, if any JT /G are adopted by the Property Owner, shall be in writiec. Such proposed rules of conduct and occupancv and any later revisions, additions, or modifications thereof shall be submitted to the Gity for its review and approval prior to use in the Project. Such rules of conduct and occupancv shall be given to each tenant prior to such tenants' occu- pancy. 18. Termination and Eviction of Tenants. A tenancy in an apartment in the Project may be terminated without the termination being deemed an eviction under the following circumstances: a. Death of the sole tenant of the unit; b. By the tenant at the expiration of a term of occupancy or otherwise, upon thirty (30) days' written notice; tenant; or C. By abandonment of the premises by the d. By failure of tenant to maintain income eligibility pursuant to the provisions hereof, providing • that Property Owner gives tenant sixty (6o) days' written notice of such termination. Any termination of a tenancy other than those listed in this subparagraph shall constitute an eviction. Property Owner shall only evict in compliance with the provisions of California law and then only fo: material non - compliance with the terms of the rental agreement, lease or rules and regulations of the Project. Property owner shall establish appeal and /or grievance procedures and rules and regulations for use for evictions in the Project, which shall be submit- ted to and approved by the City prior to the occupancy of any apartment in the Project. 19. Local Residencv. Preference shall be given where possible to applicants to the Project who have been resi- dents of. the City of Rancho Cucamonga. This factor, however, shall not be given any priority over the other elements of tenant selection in paragraph 17 hereinabove. 20. Hazard Insurance. Property Owner shall keep the Project and allimpiov e; nts thereon insured at all times against loss or damage by fire or other risks covered by a standard extended coverage endorsement and such other risks, perils or coverage as Property Owner may determine. Property Owner shall also advise tenants that such insurance is does not cover their personal property, and work with occu- f J 0 pants to obtain for them, if possible and if desired by the occupants, policies of insurance on the contents of apartments and personal property of the occupants thereof. During the term hereof, the Project shall be insured to its full insurable value. City shall have the right to review insurance coverage maintained by Property Owner or its successors and assigns and the power to require additional insurance to be carried of a kind and in amounts at the City's sole discretion so that the provisions of this paragraph are complied with. City's action or inaction hereunder shall not subject it to liability to any third persons or entities. 21. Maintenance Guaranty. In order to insure that maintenance of the Project is performed in accordance with the maintenance plan as outlined in the Senior Housing Overlay District administrative guidelines and in this De- velopment Agreement, Property Owner shall either establish a landscape maintenance district pursuant to State law and City ordinance, regulation and /or policy, or post a maintenance deposit or other legal security acceptable to the City to be used by the City in the event that Property Owner shall fail to adequately maintain the Project or • breach this Development Agreement. 22. Specific Restrictions on Development of Real Prop- erty. The following specific restrictions shall also cover the use of the real property: a. Only residential uses of the real property are permitted in the Project. b. Maximum density of residential dwelling units in the Project shall never be greater than dwelling units per acre. C. buildings is: The maximum height for each of the proposed d. Maximum size for all of the buildings and the proposed square footage for each of the apartment types located therein is set forth more fully on Exhibit "B" attached hereto and incorporated herein by reference. e. Provisions for reservation or dedication of land for public purposes are contained in the conditions for approval of Parcel Map Number — and are incorporated herein by this reference. 23. Hold Harmless. Property Owner agrees to and shall hold City, — its agents, employees and representa- ! f L.< 25. Amendment. This Agreement may be amended or cancelled in whole or in part only by mutual written consent of the parties and then in the manner provided for in Government Code sections 65868 et seo. This Development Agreement does not prevent City in subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth in paragraph 8 hereinabove. This Development Agreement does not prevent City from denying or condi- tionally approving any subsequent development project appli- cation on the basis of existing or new rules, regulations or policies. . ��r • tives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect, operations of Property owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Project. This hold harmless agreement applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. Property Owner further agrees to indemnify, hold harmless and pay all costs and provide a defense for City in any action challenging the validity of this Develop- ment Agreement, 24. Affect of Development A reement on Land Use Regu- lations. Rules, regu ations and official policies governing permitted uses of the real property, the density of the real property, the design, improvement and construction standards and specifications applicable to development of the real • property, are those rules, regulations and official policies in force at the time of execution of this Agreement. it is understood and agreed that City may grant Property Owner a dwelling unit density bonus, may reduce its requirements for on -site parking, may waive its requirement for covered on- site parking and may reduce and /or waive other fees as an incentive for Property Owner to construct the Project and for both parties to enter into this Development Agreement, Such incentives agreed on between the parties are set forth on Exhibit "C" attached hereto and incorporated herein by reference. 25. Amendment. This Agreement may be amended or cancelled in whole or in part only by mutual written consent of the parties and then in the manner provided for in Government Code sections 65868 et seo. This Development Agreement does not prevent City in subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth in paragraph 8 hereinabove. This Development Agreement does not prevent City from denying or condi- tionally approving any subsequent development project appli- cation on the basis of existing or new rules, regulations or policies. . ��r 26. Enforcement. This Agreement is enforceable by any party hereto notwithstanding a change in the applicable General or Specific Plan, zoning, subdivision or building regulations adopted by City which alter or amend the rules, regulations, or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. In the event of a default under the provisions of this Agreement by Property Owner, City shall give written notice to Property Owner by personal service on the representative of Property Owner (or its successor) at the Project, or by registered or certified mail addressed to Property Owner at the address stated in this Agreement, or to such other address as may have been designated by Property Owner, and if such violation is not corrected to the satisfaction of City within thirty (30) days after the date such notice is given the City may, without further notice, declare a default under this Agree- ment and, upon any such declaration of default, the City may bring any action necessary to enforce the obligations of Property Owner growing out of the operation of this Develop- ment Agreement, apply to any court, state or federal, for specific performance of the provisions of this Development Agreement, or for an injunction against any violation by • Property Owner of any provision of this Agreement, or for such other relief as may be appropriate, it being agreed by Property Owner that the injury to City arising from a default under any of the terms of this Development Agreement would be irreparable and that it would be extremely diffi- cult to ascertain the amount of compensation to City to afford adequate relief in light of the purposes and policies advanced and satisfied by approval of the Project and by this Development Agreement. 27. Event of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: a. if a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; b. if a finding and determination is made by the City following an annual review pursuant to paragraph 16 hereinabove upon the basis of substantial evidence that Property Owner has not complied in good faith with any of the terms and conditions of this Agreement; C. breach by Property owner of any of the provisions or terms of this Agreement, after notice described in paragraph 26 hereinabove. 10 28. Proceeding Upon Default. City does not waive any claim of defect in performance by property Owner if on periodic review City does not modify or terminate this Agreement. Non - performance by Property Owner shall not be excused because of a failure of any third person or entity. Adoption of a law or other governmental activity making performance by Property Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligations to be taken by Property Owner under the terms of this Develpment Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 29. Attornevs' Fees. In any proceedings arising for the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover the costs and attorney fees incurred in the proceeding and such reasonable attorneys' . fees as may be determined by a Court in any legal action. 30. Cumulative Remedies. The respective rights and remedies provided by this Development Agreement or by law or available in equity shall be cumulative and the exercise of any one or more of such rights or remedies shall not preclude or affect the exercise, at the same or at different times, of any other such rights or remedies for the same or different defaults or breaches or for the same or different failures to perform or observe any term or provision of this Agreement. 31. Partial Invalidity. If any provision of this Agreement shall be rnvalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 32. BindineGffect. This Agreement shall bind, and the benefits an_d burdens hereof shall inure to, the respective parties hereto, their legal representatives, executives, adminstrators, successors and assigns. 33. Recordation. This Agreement shall, at the expense of Property Owner, be recorded in the official records of the County of San Bernardino in accordance with provisions • of the Government Code. )ll /J / E 34. Miscellaneous. This Agreement shall be construed in accordancence with andand governed by the laws of the State of California. The provisons of this Development Agreement shall be liberally construed to effect its purpose as set forth herein and in the attachments hereto. Whenever the context so requires, the singular number includes the plural, the plural includes the singular, masculine gender includes the feminine and /or neuter and the neuter gender includes the masculine and /or feminine. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of a development agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the day and year first above written regardless of the date of actual execution hereof. PROPERTY OWNER: . BY: (Name) (Title) BY: (Name) (Title) CITY: CITY OF RANCHO CUCAMONGA BY: BY STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On _ _, 1993, before me the undersigned, a Notary Public i n and _ foe said County and State personally appeared and proved to me on — C e basis of satisfactory evidence to be the persons who executed this instrument as Mayor and City Clerk, respectively, of the City of Rancho Cucamonga, a municipal corporation existing and organized under the laws 12 1,1 ^' EXHIBIT "A" • (Legal description of the Project) EXHIBIT "B" (Detail of apartment size and size of all buildings) EXHIBIT "C" (Incentives to Property owner) • • I') • RESOLUTION NO. * 5 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GENERAL DEVELOPMENT AGREEMENT TO BE USED IN CONJUNCTION WITH HOUSING UNITS PRODUCED UNDER THE PROVISIONS OF THE SENIOR HOUSING OVERLAY DISTRICT WHEREAS, the City of Rancho Cucamonga has enacted Zoning Ordinance Amendment 83 -02, creating a Senior Housing Overlay District; and WHEREAS, the City is concerned about protecting the long -term availability and affordability of units produced for low and moderate income senior citizens; and WHEREAS, Development Agreements as provided in the California Government Code Sections 65864- 65869.5 provide a means of protecting rental housing units produced under the provisions of the Senior Housing Overlay District for low and moderate income senior citizens; and WHEREAS, the City Council has determined that the General Development Agreement developed by Staff meets the general concerns of the City; and • WHEREAS, on a project -by- project basis the General Development Agreement can be filled in by the City in such a way that all of the concerns of the City will be met. E NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the General Development Agreement. BE IT FURTHER RESOLVED, that the City Council hereby orders that Development Agreements be completed on a project -by- project basis and brought to the Planning Commission and City Council for review and approval. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City er Jon D. blikels, Mayor /0 0 • U var a w' a�ruvv uv vrr a.nnavry vrr `�G�;v+M�HC9 MEMORANDUM, Date: April 27, 1983 To: City Council "and City Manager 1977 From: Bill Holley, Director, Community Serviceses DePrt..J v Subject: Authorize Community Services Director to open Escrow ... and distribute Request for Proposals ... in connection with Rancho Cucamonga Neighborhood Center CDBG Project. Agenda Reference: Staff Reports - Item "A" Mayor pro Tem Buquet and this writer were in attendance at the CBMwD Board of Directors' Meeting on April 27, at which the Board accepted the City's offer of $65,700 for the 0.7 parts of an acre to the south of the Rancho Cucamonga Neighborhood Center. You are all aware of the project's details, therefore, I will not recapitulate them herein. Two needed actions: 1) Authorize staff to open escrow on the subject property; and, 2) Authorize staff to prepare and distribute Request for Proposals (RFP's) to acrhitectural firms for design. The recommendation for award of a design contract will be brought back to Council for action in June. If I can provide further information, please let me know. BH /mw 7 J In s lt� STAFF REPORT DATE: May 4, 1983 T0: City Council and City Manager 1977 , FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Resolution of Support for Benefit Assessment Program The Citizens for Flood Control have requested that all Zone 1 Flood Control District Cities indicate their support for placing a Benefit Assessment Program identical with the previous Measure W before the voters in November. The Council previously took action on this item but considering the Committee request, it would be appropriate to take action on the attached resolution of support. Staff is currently working with the City Attorney to explore ways of allowing the independent approval of the Measure within the City boundaries if the Zone measure should be defeated. RECOMMENDATION: Approve the resolution of support for a Flood Control Benefit Assessment Program in November. Respectfully submitted, 17j Attachment • RESOLUTION NO. ,jam A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE PASSAGE OF A FLOOD CONTROL BENEFIT ASSESSMENT MEASURE ON THE NOVEMBER BALLOT WHEREAS, the residents of the City of Rancho Cucamonga are frequently exposed to health and safety hazards due to flooding of major streets and drainage facilities; and; WHEREAS, flooding causes severe damage to public property causing major expenditures of tax dollars, and; WHEREAS, the Cities and County Flood Control District within Zone I of the Flood Control District have developed a Benefit Assessment Program which will generate funds over the next ten years to deal with these problems, and; WHEREAS, implementation of the Flood Control Benefit Assessment Program required approval of the voters. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga fully supports the passage of the Flood Control Benefit • Assessment Program which will develop funds to construct needed drains to provide for the public health, safety and economic stablity and urges the San Bernardino County Board of Supervisors to place the Measure on the November 1983 ballot. BE IT RESOLVED, that the City portion of said funds shall be directed to priority projects within the community in such a manner as to provide the maximum general benefit without imposing undue burden on any single segment of the community. PASSED, APPROVED, and ADOPTED this 4th day of May, 1983. AYES: NOES: ABSENT: ATTEST: is Lauren M. ''Wasserman, City Clerk ,i Jon Nikels, Mayor • • 2 60-1 OTMXr O1 n A NTOvn OT TO A ANONTO A STAFF REPORT DATE: May 4, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Paul A. Rougeau, Senior Civil Engineer � n c ^ F � 19ii � SUBJECT: Circulation Alternatives for Haven Avenue - Council Refeeral to Planning Commission At its April 13, 1983 meeting, the Planning Commission considered a request to delete a street from the Industrial Area Specific Plan shown as running between 4th and 6th Streets some distance east of Haven Avenue. This request was referred to the Commission by the City Council at its April 6, 1983 meeting. In its deliberation on this item, the Commission considered input from affected property owners and the policies set forth in the Industrial Specific Plan. The Plan was reviewed concerning its stated intent to mitigate future traffic congestion on Haven Avenue by providing alternate travel routes for the properties bordering Haven Avenue. The report to the Commission summarizing this portion of the Plan is attached for your review. Along with these policies, the Commissioners heard statements from two owners of property east of Haven to the effect that the local streets as shown in the Plan would severely affect their development options. They indicated that the streets in the Plan should be deleted until the various owners develop master plans for each property. Details of the discussion are contained in the . attached Minutes of the April 13 meeting. COMMISSION RECOMMENDATION It was the Commissions opinion that the street pattern in the Specific Plan conceptually fulfills a basic circulation need, that it could be varied somewhat to address individual needs and still protect Haven Avenue circulation, but that it should remain shown as is until an alternate master plan is actually developed. Res ectfully subm'tted, i L :jaa Attachments 1 . 4 0 • 9 C C CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 13, 1983 TO: Planning Commssion FROM: Lloyd B. Hubbs, City Engineer BY: Paul A. Rougeau, Senior Civil Engineer SUBJECT: Circulation Alternatives for Haven Avenue As development proposals are received for properties along Haven Avenue in the Industrial Area, the circulation policies contained in the Industrial Area Specific Plan reach the need for implementation. Haven Avenue is projected to be the most heavily impacted of the City's arterials and will experience a traffic demand in excess of its "capacity ", resulting in severe congestion. This condition will prevail betweeen 4th Street and Foothill Blvd. when the City reaches its build -out level of development. SPECIFIC PLAN CIRCULATION POLICY In an attempt to mitigate the projected traffic impacts, the Specific Plan contains the following policies: PP II -19 and II -22; A reiteration of the Commission's Access Policy, Resolution 78 -29, limiting driveway access. PP II -22 and II -24; Additional restrictions beyond those in Resolution 78 -29, including the following statement with regard to local streets: "Local streets should be planned to relieve traffic demand on arterials by providing parallel routes." This latter statement resulted in aAocal street pattern for the vicinity of Haven Avenue as shown on the Circuldton Plan portion of the Specific Plan and further detailed in Figure IV -6 of the Plan (attached). Existing development and the railroad prevent the parallel street concept from being applied throughout the length of Haven Avenue, but the street pattern was planned to provide it as completely as possible. NEED FOR ALTERNATE CIRCULATION The value of the parallel road, especially in the lower reach of Haven, is that the traffic produced by the development into an industrial park of the properties fronting Haven can he taken by an internal street and driveway r ITEM J PLANNING COMMISSION ST(. REPORT Circulation Alternatives for Haven Avenue April 13, 1983 Page 2 E system to the parallel road and south to 4th Street. At 4th Street, the decision can be made to continue west to an easier access to Route 10 rather than use Haven Avenue. Also, Haven itself is relieved of the traffic between 6th and 4th Streets. Easier access to points east via Utica Avenue will also be made possible with this parallel road. A similar pattern can be developed on the west side of Haven Avenue by obtaining an additional street dedication to connect into Commerce Center Drive, thus providing access to 4th Street and points west via Commerce Center Drive and Center Avenue. Easterly access will also be possible via a left turn onto 4th Street at Center Avenue. Northerly extensions of these parallel roads are possible to obtain on the west side of Haven Avenue between 6th and 7th Streets, as the Commission may remember from a recent parcelmap review in that area, and on the east side of Haven Avenue by additional dedications as properties develop. DESIGN FEATURES OF HAVEN AVENUE As the premier access to the City and a Special Boulevard, Haven Avenue has been planned as an important aesthetic route. Achievement of optimum traffic service and a highlevel of design are goals which complement one another. To this end, Haven Avenue has been planned to include a median island, deep • setbacks, restricted accessand large -lot (2 acre minimum) development. The median island must have few breaks for cross traffic in order to be effective as a traffic control and to enhance its appearance. To reduce interference with traffic flow, access points must be minimized and the entering volumes at these accesses must be kept as low as possible. The use of a 2 acre parcel size greatly contributes to these goals. To ensure that the aforementioned benefits are achieved, access to property along Haven Avenue should be provided by internal streets leading to parallel routes, thus eliminating the need for public road intersections on Haven Avenue or for busy driveways either of which would have right- turn -only access and would require excessive U -turns on Haven Avenue. Busy streets and driveways would also detract from the appearance of the street. SUMMARY It is evident, then, that a system of local streets parallel to Haven Avenue can and should be developed to reduce future traffic volumes on Haven Avenue between 4th Street and 7th Street while still providing, and even encouraging, alternate access to Route 10. This concept also enhances the quality of design to be achieved by the 2 acre minimum parcel size along Haven Avenue by eliminating public street connections and busy driveways. r1 Li • • PLANNING COMMISSION STr' REPORT Circulation Alternativ for Haven Avenue April 13, 1963 Page 3 RECOMMENDATION It is recommended that the Commission review and consider the arterial policies in the Specific Plan, especially for Haven Avenue and select one of the following courses of action: 1. Reconfirm the access policies as they are set forth and recommend that the City Council make no changes, or 2. Formulate any changes deemed appropriate, such as deletions or additions to the street system, and direct Staff to prepare a recommendation to City Council for a change in the Specific Plan. Respectfully submitted, 4LB Attachments: Industrial Specific Plan, PP 11- 19,22,24 Figure IV -6 1( 7 c c TABLE 11 -3 PROJECTED VOLUME /CAPACITY RATIOS - INTERSECTIONS, AT LEVEL OF SERVICE "D" PM Peak Hour Intersection volume Capacity V/C Lane Additions` Haven /Foothill 1890 1500 1,26 Dble. left turns - -all approaches Haven /Arrow Route 1340 1500 0.89 Dble. left turn lanes --NB; WB Haven /4th 1470 1500 0.98 Dble. left turn lanes - -WB; SB Milliken /Foothill 1590 1500 1.06 Oble. left turn lanes- -NB; SB; EB Milliken /Arrow Route 1200 1500 0.80 Dble. left turn lanes - -NB; SB; EB Milliken /4th 1500 1500 1.00 Rochester /Foothill 1440 1500 0.96 tUnless otherwise stated, all approaches are assumed to have one left turn and one right turn lane in addition to mid-block through lanes. As Table II -3 indicates, the Foothill /Haven inter- section is the most overloaded intersection in the City and is expected to operate substantially above capacity. Foothill /Milliken is expected to operate above capacity and Milliken /4th will operate just • at capacity. A detailed presentation of all major intersection lanes and right -of -way requirements is presented in Figure II-5• Generally, each intersection includes one separate left turn lane and as many through lanes as there are travel lanes upstream. At some intersections, double left turn lanes and /or a right turn lane may be necessary. CIRCULATION AND ACCESS POLICIES Policies and Arterials In order to ensure the effectiveness and capacity ` of arterials, it will be necessary to establish and enforce rigid access control policies. These controls are currently in effect under the pro- visions of the Planning Commission Resolution 78.29. • Non access to all arterials shall be dedicated to the City wherever suitable alternative access may be developed from local or collec- tor streets. • Where access must be granted to an arterial, said access shall he limited to one point for 300 feet of frontage or one point per parcel . with less than 300 feet of frontage. It is the intent of the policy to establish a mini- mum 300 foot spacing between driveways. 11 -19 ( F � C I { J R 6 r` G • o Combined access to arterials between adjacent properties shall be encouraged wherever possi- ble to reduce the number of encroachments.' o Access points shall, wherever possible, be lo- cated a minimum of 100 feet from the back of curb returns at intersections on 4 lane or wider highways. o Where otherwise compatible with this policy, access shall be located opposite existing or planned points on the opposite side of the street. o In addition to the controls outlined in Plan- ning Commission Resolution 78 -29, several addi- tional restrictions will be necessary. - Median island breaks and left turn access should be limited to approxi- mately quarter mile spacings on the following major divided arterials: Haven Avenue, Foothill Boulevard, Milliken Avenue, and Fourth Street. Figure II -b shows the recommended arterial intersection spacing which • will provide adequate storage lengths for left turn lanes. - Signalized intersections should be spaced a minimum 1/4 mile apart to achieve adequate two -way progression. - "T" intersections can be spaced not less than 940 feet apart and still provide left -turn entry and exit lanes on the arterials (except Haven, Foot- hill, Milliken, and 4th) as shown in Figure II -b. - For safety and efficiency, side fric- tion along major arterials should be minimized. Therefore, on- street park- ing should be eliminated, median ob- structions should be minimized, and left -turn movements and access to drive- ways should be confined to designated locations. - Along Haven and Milliken, additional access restrictions may be required due to traffic volume constraints. r 11-22 I I is R 6 r` G 7 C FIG. 11-6 ARTERIAL INTERSECTION SPACING _a g Minor Street n N 0 N J K Minor Street o Q r\ _Q N A• °T" !NTERSE'ZT!0N I red 9 C Arterial a d' Q f 0 _0 0 0 N ===;5�t + I y Minor Street B: FULL INTERSECTION 0 • Local Street Policy The required local street pattern should allow the to each owner or devel- maximum flexibility parcel oper while having the least adverse impact on ar- -_ terial traffic flow. The circulation pattern II -6, developed for this plan and shown in Figure complies with this principle by recognizing the following: o Streets should be provided along property - lines where possible. o Intersections with arterials should be — limited to one per quarter mile wherever possible. o Local streets should be planned to relieve traffic demand on arterials by providing parallel routes. - o The street pattern within a parcel should not be a part of this Plan, except where necessary to meet the above criteria, Private streets may be desirable in new developments Private Streets where they would enhance property identification, provide for control of access and where special • overall design concepts may be involved. To ensure that these street designs are constructed in a traf- manner which will not create emergency access fic hazards or future maintenance problems, the be applied to approvals. following standards should - o The use of private streets shall be limited rrk e L to cul -de -sacs and to minor local streets not carrying through traffic. o Private streets will be permitted only where a means satisfactory to the City Council 15 provided for their maintenance and operation. Formation of a maintenance district to be activated when necessary with an irrevocable offer of dedication shall be required of the developer at his expense prior to recordation. o The design of all private streets will be reviewed and approved by the City Engineer; and the construction shall be inspected by _ the Engineering Division, with an aoplicable improvement inspection fee to be paid. - 11 -24 IV" I ' I FIG. IV -6 CIRCULATION C �py r I I to •- r-u-t Bridge Access Points 0 e 0 e r e n e�h • e r w n e n e n O. .6th L - WG�na tt 'Park Fire Station -I �r/ a, �CaN � e u e4ru it �� ww "w�wL nre 1w i�e • `• w 'a 4th 7—� 0 400 800 1600 - - """""�'�'•cHr eautAa 1 - w� o tY .j Note: Parcel lines and lot configurations are shown as approximations only. 'The sites shown may not be currently owned nor is the location site specific. The depletion of a site is an Indication of a projected future need that may be adjusted over tme as the City develops. �t Ij 120' R.6.W. 100' R.O.W. era 88' or less R.O.W. RAIL SERVICE 'I'�'�✓ -+ Existing Proposed TRAILS /ROUTES 0 0 0 o Pedestrian - e e e e Bicycle �J Regional Multi-Use Special Streetscape/ Landscaping ....- ...........- Power Line/ Utility Easement �- Creeks R Channels C �py r I I to •- r-u-t Bridge Access Points 0 e 0 e r e n e�h • e r w n e n e n O. .6th L - WG�na tt 'Park Fire Station -I �r/ a, �CaN � e u e4ru it �� ww "w�wL nre 1w i�e • `• w 'a 4th 7—� 0 400 800 1600 - - """""�'�'•cHr eautAa 1 - w� o tY .j Note: Parcel lines and lot configurations are shown as approximations only. 'The sites shown may not be currently owned nor is the location site specific. The depletion of a site is an Indication of a projected future need that may be adjusted over tme as the City develops. �t Ij • Excerpt From Planning Commission Minutes - April 13, 1983 J. CIRCULATION ALTERNATIVES FOR HAVEN AVENUE Paul Rougeau, Senior Civil Engineer, reviewed the staff report which recommended that the Commission either reconfirm the access policies as set forth and recommend that the City Council make no changes, or that the Commission formulate any changes, such as deletions or additions to the street system, and direct staff to prepare changes to the Industrial Specific Plan for City Council consideration. Bruce Strickland, representing Vanguard Companies, addressed the Commission regarding the street between Utica and Haven and 6th and 4th Streets. Mr. Strickland stated that this street creates two parcels which will be very hard to work for the developer to work with and did not think it would meet the goals of the Industrial Specific Plan for the area to the south. Mr. Strickland suggested that parcel lines and ownership lines be looked at when establishing the location of streets. He also distributed maps to the Commissioners. Paul Rougeau pointed out that parcel 7 (on 6th Street) has an offer of dedication for a street on the west side and along Utica on its eastern boundary. Mr. Strickland stated that this offer of dedication is not binding at this • time. Mr. Lam replied that the statement by Mr. Rougeau was not meant to imply that this is a binding dedication, but to point out that the access policy has been followed in the past. Russ Bluette, representing the Church of Jesus Christ of Latter Bay Saints, owner of the three parcel at the northeast corner of Haven Avenue and 4th Street, addressed the Commission stating that the church intends to develop a master plan for this area. Further, that the church is opposed to the street location as proposed because it would destroy this master plan concept. Also, that Utica and Cleveland are natural barriers and that the purpose would not be served by placing a street through the middle of the property and would also deter the development of this property. Jack Lam stated that based upon testimony heard this evening there seems to be some property owner interest in looking at options in the future for their own specific properties and asked if any of the property owners had met to look at the circulation alternatives from a master plan basis. Mr. Bluette stated that he was in agreement with the concept of Haven Avenue being a heavily traveled street, however, did not feel that the needs of the City would be met by having the street down the center of the subject Planning Commission Minutes -1- April 13, 1983 property. He agreed that there has to be an east /west street, but did not feel that this is the appropriate location. Mr. Lam replied that when the Industrial Specific Plan went through public hearings there was a great deal of discussion regarding the location of streets. During these hearings there was discussion regarding the abandonment of both 7th and 8th Streets,' and soon no one wanted streets in front of their property because they felt the fewer streets there were, the less it would affect the properties. This resulted in traffic studies to determine the feasibility of widening 6th Street to accommodate these requests. Mr. Lam pointed out that the City has always been willing to look at alternative means of access and suggested that the property owners get together to come up with an alternative to be presented to the City. Mr. 8luette stated that Mr. Lam -s proposal was well taken, however, the proposed street location places a considerable burden on this property owner, namely the LDS Church, in that they would be asked to dedicate for Utica, the entire amount for street "A ", plus dedication for Trademark and that this is a lot to ask of one property owner. Further, that he did not see the real need since the traffic issue would have to be resolved when the Church comes in with a proposal for this piece of property, and ask that the Commission consider the deletion of street "A ". Commissioner McNiel asked for clarification of the purpose of this item. Jack Lam replied that the item was referred to the Planning Commission by the City Council to determine whether or not street "A" should be deleted from the • Industrial Specific Plan. Paul Rougeau stated that the reason the other alternative issues were raised was to show how this street fits into the overall pattern and to emphasize that it is part of the circulation issue on Haven from 4th Street to 8th Street. Vice- chairman Stout replied the deletion of this street must be done in context of all the issues, and was glad staff raised the other solutions. Further, that if the property owners feel the street should be deleted, the property owners should bear the burden of coming up with an alternative solution to the problem since the City has put the time, effort, and money into the formation of the Specific Plan. He further stated that his decision would be to not make any changes in the plan unless the property owners come up with some type of alternative to the issue. Vice- Chairman Stout also suggested that the City should be thinking of ways to get traffic off Haven Avenue that would be generated from the airport. Commissioner McNiel stated that he agreed that the property owners should try to come up with a solution and was inclined to not undermine the Specific Plan process. Planning Commission Minutes -2- April 13, 1983 • n tl • Mr. Strickland stated that he does not want a solution that will cause more problems and that the idea that because the City has a Specific Plan for that area it is set in perpetuity is not true since the City changes things all-of the time through its ordinates. Further, that the point he was trying to make is that the secondary parallel road exists in Utica Street because of the layout of the parcels. He further stated that it is not feasible to meet with the church since they presently do not have a plan for their property and that the two uses may not necessarily be compatible. Also, that the traffic problem can be solved without the street running between Utica Haven. Mr. Bluette stated that this is basically the view of the Church. He pointed out that between Haven and Utica and Cleveland is approximately the same distance and that it is an undue burden to place a street in the middle of this property since the same dedication could be made on Utica as on Cleveland. With future planning with the City, he stated that a lot of traffic could be guided onto Utica which would service the needs of the City. Vice - chairman Stout called for the motion. Motion: Moved by McNiel, seconded by Juarez, carried, to recommend to the City Council that no changes be made in the Industrial Specific Plan at this time. AYES: COMMISSIONERS: McNiel, Juarez, Stout • NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Barker, Rempel -carried - Respkc1tf'ul!n ly ubmitte Jack Lam, Secretary Planning Commission Minutes -3- April 13, 1983 41 r �. 0 • I ..., STAFF REPORT DATE: May 4, 1983 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Tim J. Beedle, Senior Planner SUBJECT: FOOTHILL COMMUNITY PLAN QCSO pCCn,tiONC9( i 19" ABSTRACT: The County staff is in the process of preparing a Community Plan for the area north of the City in our sphere of influence. This report and its attachments contain some background information on the plan, portions of the plan text, and the land use map. The County staff will review the draft plan and answer questions the Council may have about the plan or the process. BACKGROUND: Since the beginning of this year the County planning staff and a working committee have been in the process of preparing a Community Plan. City staff has been monitoring the process and attended numerous workshop committee meetings and has offered comments in regards to various topics. The draft plan is now available for public comment. Consequently, we have requested the County staff to overview the plan for the City Council in order to provide the Council with an opportunity to ask questions and to express their ideas about the plan or its process. On Wednesday, April 27, 1983, the County staff made a presentation on the plan to the Planning Commission. The Commission identified several areas which should be addressed including the following: - where density transfer occurs - County's affordable housing policy - equestrian trails systems - coordinate circulation with City's plans What is a Communit Plan? A community pan is both a policy guide on land use and related matters and an ordinance regulating development. Each community plan, through its maps and text, incorporates all pertinent policies, regulations, and development standards effective within a community, reflecting local interests and concerns. Plan maps graphically portray the land use policies of a general plan, and also specific development regulations for each parcel of land. D Foothill Community Plan City Council Agenda May 4, 1983 Page 2 • The scope of a community plan's contents is not as closely regulated by state law as is the case -with specific plans. As a result, a community, plan can be as detailed or as general as desired by local jurisdictions. Ultimately, the plan will provide a vehicle for coordination of City and County policies for development within the area. The City's role will be to assure that the plan is being developed consistent with the City's policies and plans. ATTACHMENTS: ine following items have been attached for your information and review. 1. Draft text of Goals and Policies section of plan. 2. Proposed land use map. 3. Background information including: - List of County staff directly involved - Workshop Committee members list - Upcoming dates of importance - List of plan materials prepared to date. RECOMMENDATION: It is recommended that the Council review the attached is materials and consider the County planning staff presentation. While no action is necessary, the Council should feel free to ask questions or express ideas if desired. �espectfullyJ;ubmitted, Rick Gon)W City Planner RG:TJB:jr Attachments 1 r+'77 - • 0 COUNTY PLANNING STAFF • Mr. Douglas Payne, Project Planner Mr. Tommy Stephens, Acting Deputy Director Mr. Chuck Coe, Acting Senior Planner, West Valley io WORKSHOP CW?MITTEE MEMBERS Ms. Betty McNay Mr. Lowell Gomes Mr. Joe Di Iorio Mr. Jeffrey King WEST VALLEY FOOTHILLS COMMUNITY PLAN Upcoming Dates of Importance Mid -May Next community meeting to review land use regulations Mav Environmental Review of the Plan. through June July Community meeting to review the completed Plan July Final Review and Hearings on the Community Plan through to include: November City review in August County Planning Commission in September and October County Board of Supervisors in October and November Division. 2 (Goals and Policies) is The Goals and Policy Section of the Community Plan is a critical part of the Plan, as it forms the basis for the document and eventually all land use decisions in the community. It is comprised of Goal and Pclicy statements on local issues and identifies specific directions of action to implement the statements. Major issues identified in this Section include: Land Use Natural Resources Transportation Safety Housing Energy Environmental Quality Maps The Community Plan Maps are a graphic illustration of the Policy Statements. :daps included in the Community Plan are: 1) Overlay Map (identification of known health and safety hazards and desirable resources). 21 G_neral Plan Map (10 to 20 year land use planning guide) . 3) Circulation Mao (primary street networi:). • 4) Land use District Mao (parcel by parcel application of land use regulations). Dlu: FnV9.raTnT f.II3iTF.R 1. mI —ED •lr fP i'l6:LY5 al:v uea ,n, 5e•` -laa Y_ - - 1'1131 n .tY m.IJ i ands a:rel• ,n,m, t" >rJ : +,r An. .-!e. Ir •ae+ -tar; v ta! (nternGV It inen fln.t l,v5� :tr ecr 1, -J ! 41st"" n llJ. .1 ane +c u" , +f Ih.a 1.15. nn. YF2.Y1D5 __ Tn. :n rn rna in - to lr•I [ n J =lvumn or¢ an l te]'•t en m'LMliteee a•'IaSY :n• i ;all!Y Fnetnllls Wmmun ltY pl.n IEaa r [rqI are �ttn , a, d ul he, an 'n[t I. "Cord d. Z� Li, ne a or t5!��^rra i:e• e ! nr ¢an. se rt:.rrga. ur• -,tan. ale 1J...na. nmup ­- lee A -ee -al -,nr:m ,re +neat t approa¢n wrmn ano.rle he aa. I In Jr l•r tad + .ar -t., [ar I:e n! ne neat <u a a 11-IL,.te in pt.r - •, ant 1lL uat -:en or runrr. al+ :ar to ar: va9:Y YI!a r qm 1. �a ! ilr!<elvo a ewlca enC c r ....-tl,•a. a .toe ingl. v U '"I + l ,erDt tot cr erac[lcnthe a: t:ona a. !rY [a'_ coca nfr vt +vt the'r•cH ln{ e dl -lr.¢ . - ^c a v. a. anY -n ^J ..... . t". rls no .,J tre `t thea'netr.rP \1 ,t „I ; a.u:en - Jnatuand a T:+::ar^ a the e•'rr -� tl^na a a . U erne rltee In r^vinln4 a.q'r. nt a an yr reaula n r Ot .lal ono 1r re!. :F! °rant u..I... t, and vnlao Y['rava'1!e -ed +f I' -star anf ,o It ol8 °IJ el t^ in a an ru tv re 'l eve to pnerC. a�C'Innl Jll fn [•Pr(_r 1e ,, 1 rat ]l an e O;IIU r- au ” Plan ! +a en-.4. Ioca11Y lnpv tav ID• Lac Y +I N; F e a _ o t" el.l .ac-e ':•n.nl Dl, •ln - ^X•( r•la, ' +eon cd. nv....... n. +ot YaIAY F ot1tIla pl ,n ! pl ane lnl u- CIia P:fR LA:IJ :'SE Th. 'x•at Vaaa Fntnl.b plain:., a "' L, oeabd at the ease ar en! .n tr :a l.nel mannlm. x!n!ra ur n"rtn Jr tr! ^I tin or Rtnr l:, r ,nya an _ oa as e!v +In.a er are im tY Ll 1 a T otal.. a -^ pa rv!u Lill m ma 'and of -.e:rn cn)tare :m •d [Y varinaa p'�n lt' and •1 +a54 -p'ad l It Jcr l ae lade n a. r lncladlra one are inn m r'W "i eentrm. crate ..exo e".cac am,nx+ Ca,'ro rot a. =I [Y eft'na An 9!1.1. 'r•tro M:: [an Ya t er =t at a[n ern Laltfarnta ntr V r cl a tr to t. .`n:rtn!rn c.1 r.reta Ll Caen and '+n wa wnpanY. Dz - I Fellnlear, Waft Jun 1:85 vf7:anmif0. acz. w .0 uab. -he ;l annlnr a ,, 111 f e'd rrIatt"I1 1n11 am nrt +ltn ,ne ceCt:n of a u ''r"t, nr n'l- nil" n•:I trY r ..lr n r rte ,r•4r. n aS'• r•n� '1nrJ r•1 an•Ia Fa a J r nn t, a ar G'r•IC pact• la +n e,! Vlc r an'n:nI •111:1• I-d altl r a r _ n ! eDla :n0. r +fat Lmlt• �n[I_[^ �+ !r•e .::Ill'. nal 1111"1 r- + n• ,l 1 a +•I: `•r•r nv l +y nitt4at Ln( a v al a t yravin lee n ....... e tlal r D::euc :er re. •:pat a­ aa. a nt Jnmrl, he ea,indrd anI .:Ieremxol ie f a t Cl.tnnl n4 fr,m cork. C•v In Dm enC Jlnntl he 'Ire r. ✓. alth , ".lea ,r :e rve .ne na[u cal Jrrn.. Inalltlte5 of Che -+atnlll J. r ¢Clan 4Ft. U]01 Cn_Itf' tlrarartlr la) FINDING. tl:< Vert Yall<Y FJOthlild a a b „1 •S trael• tors Clon mr fnm.e rr5ternm at r.r •lo went ann•.+Dronnnnln rcr /rv5.•n under a [mprlblh3lve pl annln4 lr an e+a rk 5.,on 11 Ge e•ve 1nD•J. (I) DIRECTIVE: enact a t_1 _ t n ....rnn t tltr Ln `•t lt:nn laterite" nr adl,lnlnq c nm ,nit l lA an are,n core. (A1 ACTION: Frnvlde a range of relleentlal 1en5:tl•3 Jau JrY a .ar letr it lunz1,1.I aoe n:"51ry n.•.a. (8) Ar.TLTIL LIelt 11111 lane3 L" nel9hf +rnnM -rairetal and ¢ nv mlenu !! "1111ll ce nvr n'• e1 in.... a::e mgmrar :ncm, e trafne rennlr•n.nes. (Ll XITIIN: =1nit Indmtr!ll me In elneral ea tract tcn . I . . . . F1 „M 'antral east”, and ntM1er aren5 hav:ny Jlynlllrant ales al e.M %l Ln. C) DIRFdenil: at the nelye0arhonJtl!rel vrlch NI,., a +.n 5• (R) RtanoarrlaEvltnlnJ ldentified an elq dear hoe JJta.a p. (R) ACTION: VtLklz. natar,l dralnaae ri r1— at:11tY eorrider3 ane l,MRrat,y to Jer the aelynnnrlitda. (C) a +NUIn Ma "larger hbn o ne Jl ip•a Inaat.t'n5 nel1.rineea In .en r toil Crr.ene. tot A",ICN: et ed lGe lnr'ne to l4�eomr5rodr a /1endt cn. cCrn +tr lal 'e",er. 1- rt (E) yCT1uX: Identlr, a o..-n ..e ler ram ".Isla 1-1 veleh mold he :mor,oral Mt -lmm Drc1e^t n2 -z heltm lnarY leaf, Ua, 111H 1 ruN rnuara[ »N ILA" rnwmAVIII S•r[Inn Nf:. C]5 bil]•n[bl vi F. loco __ .— rzTrva :__Ivp,•_ 41 Char],-': LA) :'1t ION: IJ•ntlry Lye Inn,N a f-t:an an :ma un:aa eon t'In are banle r. nd.n[lal 11 If N• pLtnnlnS ' e >»e ,( :n. sere 4ann.1 st It Il ,I.nrcerl ]Llva Ma[ soon tJm u! .poem Lt area. n. .n v. Ln raem xl[n In e,. grn.ln pr n'nn cal al v: r . , v<1 •� aC^v :n• ,1:...;, a: rl nr en. nl' l!nn 1:nln1 A IT.aom�nat< nfnt ell ,lure (It J__1 a Nr -a[•r. � "°nYnm, r1.:4 <,. xnnll.: tn1 terra c•a. Pell ttn• • nn or a I. not r- Id-eclal lane s a In:n A < rr aJ unern peel raell a vrpor[•J >Y tee �l.:v 'r ne IP) ALT:'�rl: SJlSna t^ Cue ll. ann G! nl in nerallY not [n ,f [ xa[lonal rnr F Ian,I ur IeT (cN: =.Lena , -aa mum A —ndae ea[ n unJ ar'/ anJ °n[alnl nq al.+Vna Inn. r[Y :•rent rl to <navin •ea lJe T.t,] ]en,ler or t » err Inr In bnely It,, ) all lm R•J wean nJela upn ^c[ In ene vie..... a( ene •<n In r nr ° , -.aloe per rn rt) a<r l ne[ur< frtlnn pl ann [vq a n [he .-.l ppe le ]na an -... .... .ell anJ ;cenln wal :tY nr ter n o rm. ens. ae ..ore ar ,raanN: <r, lcea ea :e ine ene -v loran]• qrt on nrinna [I Vn of <alaeln, IC) ACTIOx: f -,bell sh a ral r.aI,,nclal o apR"M Yrnp -es ]peel[]n^ no' s penalty or np to •r v.tlin^ ten • lea for lore cNe ewatM ° - rrlcnre •r or rboJ ca Lrvl L<r part:nn of [hn r-o 111 la sun of he 'on Ir t� 1^rr tlnnal In-as, IBl AC'ICV: Ft :. 101 ACTION: E-1..L1an a r rtl lea lJen [Id I . . a l.. Cf Yp In nJ a ulna.- lea In poetal "1"4111 or up to r 1v ll a Fvq lly per rfe. ., a (or 1I,1 at the ,n I I °n Lr<1°Canle " -I AId,1 re co [Ln Pr.a:e .11, or t'. ;r L lllf -here Lhe - 1 "Ito . par..I al ae b (IVe v^al I-r. a <r. AC(IJM: _ mJ a •slsent ul c.na1 :Y of IEI ACi 'CM Fs tae ll]n up to [,o s-•t:1 -4a - r on ]eve lvfanl< lane a ral ralJen[lal lem It' o[ op ' one quell lnF I,Ij cnnc !o L>n 1 -a tla :peel vtrn per trr !nn t lathe rle Plan ar -a. w5, n( r ^e •• - -m vial re x- 1 ^na[1 ' ra at the •A 8e v( the foochi111°. with �noaee I. ar tnlral C--t or '• sl e C19E'.![V5: Eataeltsn rezlu en[!}1 lan9 u, s[ra[eal•a tea! <p]]nnM Ill ACTION: Fatah]L•n a Orel r•s le -a ul! .an ,al.r t a[!re aM "� 'vlsr en[: al Jcmlt, of f tp !o a CvgllnE per ] er far 1 ^u al n.lgnevrtooaa mJ an wnr e••1 er :na reanlree 11 aG Lh. 1 tontnllla that (I)Leon [f ^'s< or Inr srrala•1 lea ae 1 eaat ten . r-!L' p!r<.nt n Ion. ,ne m a u n- Impro.e a ea ree'a -]nna by a m mtal... jam 11.!ene'l to ,•rvl 1 n 11,, of op lore. .rtl L,qa onr ar r. alj,, -t to u..e]t ]vie or Ln- Et Ln ^n 121 p pro) *o U.a lranea :need lc P1 an ,r -a. al MECTIVE: [,t aeum, �evelnP <,t rsl tr,Ox; ]eanaarea teat vul rm are ,he tnpan[ un tn< ]Cen1c tuatltloa of the vitae ltsn s +,;lrnt lal e.not tr or up . oncf rvathllla. e e �•tl lr'Ra per arre an.)aee nt !o [ncer,t at! 15, ]ov [n fA1 ACT'J h: R•Onlre a flat• o !ne nea °.R. (wl[ aLVJY :on.. anal Mll ( all lee In ln[I,l prat "'[a I^ ar eaa 1 h"" the alnp< Hc!••1] Lnl rtY p.re.n t. f)1 C[EECT[e E: pt eeslraele lea ln•n[W: lev loCmrnt st,nnnrCS the, at ac aln;lar [n aJ to lnl nq ceertwltl•]. rp) ACi'CN: bqul r. a pr,IlnlnnrY (A) ACT:r.N; Est ael lan ara.11 nS Clan !,r all s J•nt (al prnl efb in W1nE Innr vM lv Llw. n a :vpe'aevelvrnent y WC!ne .goal to tnx or a'J lnme eT nttI.,. I . ar m 'e"' the -lop• -11—JI t!n 1'! -ern[. ;v FreDI'L: Tn• PonlnlIII ¢I Auw a Lran,nr or rumentlal e.nA¢v r -, poeav !.•Lae[• a cote omlalea cleat snvolJ be prHervH -reap IvvinS tfep (opef anC ]cnnlr wall It lea a] lee lnln[lal yrov[n v, onr,. :Iry lopan le L•rrAln. "O Ip 0(PECT[vE: Eat avllan lanC os• atr)LnSln that vlll rM UC ,be t% ;CiION: bhvl re 'he PlannM RJ I.In !.b.11 :mc[ on the ]eenle anal ltT of :Ile fep[nlll]. en[I,1 Rvel -[meet nr 1m 11 ar Appll<rtlan for all 1rvH Me.nL -ILVn en- .00tnula •m r pt r°r N. vam lvla I nn ar mnn vrm<r [h. .'-1 pz_u rrrllMn.,y (*,rt 0-,I IYVi Pr Lllnlnary Bart uY]I Utl3 n PLAN FOUNDATION par -rl nap prn,ecure] ­, rnr ns[ruetlun or n f n ay an ,feu ma d icf<san rr one. one •E) aCP.2z: - pam lsn to. rr l!ortne 1-.x1"1 r•9n tr.m en to far ..... nar.re , nl Ire or rube" .o-ce......... (;] _:nlvl:o arl!ng r c ones, name .'aunE >q On. poo am sal "aa - an;l.a. ls :IU 4tl;t_•e c r droning tecsel ques or"ef ZO np Lnent 611" a.ena Inca he silt l n9 na..nl erraln. i!IU Cn +Deal ar M..1 nl o: en Er Iam]raMo, —,t srs[ur_s. ([al F•nl snN aloaes acne rnl lY sno ul •1 n a -.1 ratL unl -m to 11-ed rCn n atural terra.n. IF1 ac nul re putld:ng 1—detlons t farn vt _n A .al -tope on ou Id In, sl:fs, -seon re tn- elope is eft -fe 11—nt ]r 9111 -r, ±e[lnn .F$.CJn ze r: cul rural ✓_Erte= :31 FIYCi YC: - L -1al 11 -1111 :ur a! v Lanl'eH -ltnln tnf _f seas": rat i -. Co u!] L! :ro [n -Len .a .anX as 'Per renal" t 'V JII D!REC:::E: s [.slid provl st o,u I. pe_It a;rlcvltural uses t. 3 a1 an to Ler(n.se, • rzl C: TGO Cesl9nol- [nose b.-.1 1"[11"1 n9 i'oEnc [SVt ,n'LCa'L -cal u] ] atn a n use !B) �:3 OX: .[a0li sn the •.mal] o,rleultoral IoM usr ^.l strict. - +tlton v11.1.'IS ___lal hv- loFm -n[ 'al = INOCL tY ;r< reryu trel 1of Tlelent c re!al II.^ 1[18.] orpol I-1 d.11r ... u: it jr Its r.stne Is- !:1 Cv:[alle s .near:, mould be Im;nsN a,on rf t.I I— Inpr—1 1. all ur. tmwtm It ley -[cn [nf rMmnn ar. (A) W13.4; F]tan!(,I .1[♦ Ill- led a :rat a1.ideris lnal orf 1i,11ir to 11, id,oinln9 enwtan lt:el aM round i-110l -. D$ -5 "- llalnar% •hart a,l Ile3 PUN FOUKDATSON VF $.CC011 - .Fz.Sm. (3) ACTION: Enoch"" Me nel.111irnooa commercial Land 'i Es ]I riot am Ilan use ee t,t ac tCVates en one o.rvleln9 me ne •1a o1 tn. l.melle[e :C1 AC:IDN: r_]Ianll an s an•la rE] b Ou rrlr c rcl al antl es 191"[111 u ut•If xing lee......NSM.nmel...d 1-11n, arras ono /or e.tety lvl seeeelne. (DI 9CTTCN: Rrqu ire a slee approval apCl leatlon for all a+pa[Inll![y ultra tp. 11�rd<r to acnleve (£1 AC:IOY: Fneouraee a nsl]Lanca in alone ... tuea: thane a leg In eaen commercial eevelopnent. (F) ACTOR: oradee the nuneer and 1111 or el9m ....... ry for adequate ldentlfl c >[I on nr th, nnslne.. e ]I.Moldent. (hl FINCI.r: Throupn Lrarflf ]err lfa nenane] to adpcent r....... ana Ilan ->n nem to ee ne L. (I) DIRECTIVE: In tanlIsh hl8nray comnerclal o.e1.1a to aeeommMate thrnogs traffic. (A) ACTION: 11,11 n1R1ay cam erclal centers a6 In tercet Llans alto ,eRlanal nl BnraYa. 11:16 developed. f8) ACi tl!x: p,In[ Inc conmerel al activltles to traveler m1ge. (C) ACTION: Fn courace a p nalstancr In architectural Ili the ,Itnln each -il.r. (DI ACTION: Strip connerc(al devµnpments shalt not be .e Itt.d. (5) ACTION: Signs 11N111 0! )lmted t tM1me ad rert:zl rg o _ • activltles In a s-rll denl t nuM e<r .n a6e lua[<I %n stle nt!f4s the act {v (!I r]. ae !F) ACTICN: Special a r enle. atacd>M shall be eltanll]hel :er r—r -NU .mnent, 1["-191 and a[ruet cr ea. +-Iles FZ.02:1 Wnllc P.rvleel I-) FINDING: 1ve]opemt viii r -quire ad.,,.te fuppu rt s ry l ^ef uhlM rill need to be eaoanded lIllin Ne plann:n9 —,I. (1) DIRECTIVE: E.1 —..l the d.ve Jorge.[ or snpryrt 1-1-1 a d Inrral[roclurr In on orderly —eno. C$ -5 h'e lint n,ry 0.aft Oe•11: N] PLtiI FOUNDA:V`I PLAN FOONCATIOX NPenDLen 7 ,""5 ,0 wxncnD - ox.500 w RCl Ull' _anrG lnat< laud M rt rate91e5 vl [1: the saervleea. IBI ACTION: All r sldrntlat ne1Sl:COrnoM. atoll 1•ave Dt lnn!ry p,cEr —I of I veal ace• -,, Co at least eve ar-IIIII. :B) vl.,— al:.,, p reddt.rt to .!nonce fof (2) DtAe!TI'l E: Prdl.^. -t the - resigned ^apaeltY or all ar_ertala ,n Rast rur['re r r•G [ ...... anf In the ant lnR a •a. that Jevel,:n .a he rnieret!a [1e Uun[Y -d c,e, l:e '::e flnana'lal ...ratio. Mind. (A) ACTION: redle.l. arcs] rights nn mnJ ^r anal seed n0ary arterlsl]. CNAPTEX 3. TPAN.nMR!A:!UX (B) A^InX: lel or [rafF tc operntl ons at 'revel cT I...... Un ]ur leg DeVk hour+. 4.eaa Is .I—1, a -f ' a AI ^r m a]L sJ. -'Lino t. r 'lallry ^.[hills :I—Irg A ta.t Vt.t!nt st (C) ACTION: Roh Lbit C -st-et parking Mere It rid-ra alai+, la Unit .d .niter oa Vt r ratla.a .treat Into the he hl9h vaY de alXn capne''A. ,­ r, a hY —,d r —le and oat nr d.alna'e etann.l a. ,the lead., rely =-]'ht and : Pertmeters a aa191.. Sn:e -st stn 1 a'he 9) ACTION: Create left turn bays vher, neceaasrY border] the Planning i •oat and prnvlJ•a 'colas o t!e fr• <vaY C literate— 15 r v ;lannl ^e area rs . b •ni t em (3) DIRECTIVE: Design a circulation system chat acknowledges v.1!.)leat C r,, an] the rbCt•G ere -wY aY nthos plan propo]w the objectives of adjoining ConnlnitY ^ ;rcUlatLin 3ylt•n. n let ... Nn9< at the Dun : - Gnvnn pond - a.l ^9. Peel anal a s 11 the south central l.d 11 41,clund Jnun vnlrn < al p ovt r - so (A) ACTION: Adopt road a necard] that are compatible vIth of :t :- Planning a Wave n[ to IIt 4r DnJ Porn.. at this f 'I. the those of al,.Intng r ....plea. Sate MO-1 a + P !eludes Rute 9. vn lch vra le uteI. l! Ich Role, ]t0 In the + o alto .... to ant o]tate 10 In III ACTION: tkalso local and rdlleetor at ..1. to Pp12M3. Clone on Route 30 a currently planned it farn4 :an. •Mlllik ^�-t Ilse —, Chrouyr to ffle elthln r- PIO -11.1 arga. Arehlhal]. Ibve Cry C eek And Au.nu.a. The future or - shut. 3J 4] cur..ntil ''Mee acWY. (CI ACTION: Cvdrslnate the clre,laticn slatem with the e1.euL UOn gnats of adjoin[., cune-It. ], 1 vV i ON!^ (or d<r.lnpnrnt In [he planning a e internal ear ^ :la'ICn .ua[ [e [vertu -n and feaster. toaacoom Mace ..lure [,aerie Itl DIRECTIVE: PravlGe sufficient off -view[ parking car alt roluat]. M1Crld ln9 a clrcu3 vela. aY Sirs. ho,-v-r. ,111 repel re alt yaU a, n r revel nf•een[. - tA. and ]dal vtr sl nts ouch as r1. [het. tutsalc is. MI1 3 orate t .al • The live !A1 efr- ]tree[ Rue at par font X: Mnit) ....... aflaal.. an .at l r. dire Planet l that a space A rull seals per unit) shall M roe Boat jell family -c-llh ba•o deatan a orderly 1"... 11 11 nlanneanfYat.. :haC r Cognaxe] .]Idle Cus. project In a location that 13 cpnv ..r ing location n!ent Lt. J, n, — and 1••rl Nle: lone. It tie tcala a ] 1t ^r 111olio n9 ^ for the user. Item t n +r..t wary [ consider al [ernai {re [rare! .tGe] to also it- -lf•o aupp l.n•nt to. Prl va t. autonpbl3e IBI ACTION: Orr-street parking npa c.] Provided for .lose ale ly Pill d hall no located or Seel l", kF:.O JOI Ct rcu lotion clone to the units for Mleh It Is pr nvld.d. the tled. lal F:.VDIW Me p. ea ant widen of development In :he plann(nt a ea (5) DIRECTIVE: 2uppirt the developosent of the R -ite 10 corrid or ride+ an ..pent op partunity to - leolSn a comprehen,,1ve an] nvlrrnmrntallY a nsl!Ive clfrul3tlon tystme that reagents t0 (AI Are,ION: Id lntlfY the gnUCn 1D cure (do. on the Ipeol and ..q•dnel taauv. Cl rculatlm Elan. 4I1 DIPECTIIE: Lalgn a car ^ula tlon ststee to a .date Ideal (B1 aCTIDX: Fedtect the Pont, 3B rl,nt -or May 11 not .raf!(c that 31 sit,11 to .1.1-1 no West hIIad]. permitting develd Creent within the planned corridor. !q ACTTCN: Locate the elrrulatlon syrtn Cut of 3,ic to (6) DIRECTIVE: Es.1,1111h opportunities for alternative a.thack zones and perpendicular to faults when repul -ed trantportatldn mores to Supplement the private eutwoblle. to —11. Cz_e W - T Prellmle., Draft "/1 118) Pr.!Int —, Raft De /t 1,93 Pu:: Fa..DaT:Ox 'If�,,U - lF-27R —S !AI ACT:1n: P.,.I'd Its and shelter. 1. .rmeer -1 ai dn. pn c.f an, P.11e fife areas. •91 {ri!94: Sgpnce the i— inCmmt sr s• ar and _-tit nt• pa. _ _.[,in (ac LLtttes aC�[+e ansi2 node an e.I ar . -a -io L'c Crnv rc r. •n ACi.ox: r -qunat tramapbrta Gen Clannmg aqe ands Lo cal ­111", f•'9111t •ar tranfgrta Lim n ach a tnprsvn. in, - ^ip�o)ar faepnrted . .sit 'f ef, ails ±vol arrat r.. n ronus. pre qra ras']!,.rind Pco ;r ins —Sla Y e es. an _,,,Itng ems o'Idn at it a 4'a,I and :erl•adlc a."." ar �•s.r -11, an ce an:l 1 maif. Ill• A:7 Ile: ratabll ? - .nt -nt, mes Ghet t<.l ly 9L e a a Inq so- tan am _der win+. as Apvne.l see. I-WEA u. 4rl:,, nln the pt an nine a s(n41e rail:(. letaemed nl' to 'It n also :o La. In a rte Im anae, '+ In, I -all.cor Is been ! ism It lets n A Dart t. the '­%m �rJ. a a+te_y ar 4 uaing types :outdo 1. pr"av:d•d [ - exit (ve _ a,, reaM na all n cn lena<iTn t+! the 11 Cm, [Ia[I nn t • - t! ;lea 13 •t ad l 1111 foe enaltf t nfrer .e nn �lv •rinel an Jan 'ar! nit aualrR p ov.alnnf n( the r� tY can nt ut [I taco to rur4nr Nla 8 =al 1.1 re.IxG: It— 'lists a t•d t. pravlde n v no'aaing list is 'IV fitly- T i— fit and r•aponalve 1n he .,.Lrr.eenta of all !concetenaegre ta. nl pl.acnit: pros u- ltvmg tea rn•n coca worn ornr . varlet, sf lifestyle tMI!ee. IAI A--T. IS.: M1 -v ld! fINCtunlG, (at !SeatbllltY is a :Iontlal product types through the large aisle gouaid, prmlect A..ticatlnn o.:I+nn,m IAS :t Tev elopeent plan. !g) 11TISte: Pem(t Type -a- roblt.1!.... to iread M.,, t.. rm:Idmmg .tuts. III the along tebnnlque. that a e rnuirm to Imtalt nob l!"'07 "11 ve damage the m 1111nent m 1.1.n the c uc Lion nr a n[lana I.e Ilingae IcclW ln.t, abutrnoI llnit.de d� tree r.movaI. site 32 -9 rrellnlna" Draft a-111183 rux Faux9ATTID1 +r'z —.urn - Wiz, o'oco preoar et inn, raunmtlon c mtr•m lion and the Cl ar nr tl•e nnl t•na rht fin de t In Itr!amuch a laled".11 F ., rvll., a va! .."11—Y t- on t o nr_ Vermanent ...unl.11nes :nallc ne ..m -If•r .t. fill ID at t•.. la adequate a :n e a c 1". v a sucrose o Ul Im the l(a), am1N (fill In. sae ,r nnu mode', a ' cane., an .Il.n o 87. .605 r !1a nevelopeener a +m me .— P.1111e With the oath emtrona••nL :C) ICTICI: Permit placeeent or Type -A` mnbltehun.a In my A5, AS, M. and AL %sit,icte .oleo emnpllea vt !h - e am"d rm palls, qtr 'rite •'.a v [! etssrl ee L ee m lA ^at inn Ia mu.... br in. Lett r]n (o) A' -TIOA: Aegalr. reamentlai nvllding mund.LItn. tc rode(' m natural al sp (m.111. •ean,[p tJ nnal .n ere I,- details, elope 151. 151. CNAPTEA S. IIRTUAAL AESOMSES I. Meat 'Ia11" math ilia +r <n sra!terl Wed br a ....... nr nrt ar al Re I—PlIe 111I ml cam /an land fares vetch supplies the enlc•b..d Lap t Alley r',aor al au Cravnlea the tdl'111 nabltat ro. l lldl t(e Ann •,a (fpm for ge.nedvacer (charge. u ^h a( the am, lc va,ul ar the Planning to a tadp la aLtrlbutdd Ln Its ­t oRn a. A. a and unique natural Featurea. The fl xeanle portions aru !c Cable •pen aC +•e If valuable Ird, And the pr es.re.If,n nrrad,1111 -al (pen apace aeautd beaencour Ied. Within the vicinity al In, planning It.. there are tw tnnw no. ar nigh quality aagreeate, an essential buuding material. The knave e e to t ' - at In the San Mtan aa- CUC Yana c ... alluvial ran em toeme', t m Ine Lytle creek ran. The ar this mineral . has an dt been del. rnmm vItdln 11. pl+mmmg A rt Is uxely• i,a ve.. 4ue to :he elm ll ae][l ea In lucatlm. that tee elan a balm, sms =Ai•eRate . If any dealnae minerals I xacted. It .,hula 1• Jnne In a that wi av -.aid he nlninal Im Paetme the ens rpnmene one ratn�< e.r•I dtmene. Vl4etdclan vl to In .he a a la dive. fe vr[h apecl!a hqn the al luv ldl and esh a ocl.tl On na rd chaps(r.I. brm ad le ar rarest mubrmrmatlom and It,:, .31deawo•J land a. The latter a(fva a rich cm n!ty if rlparlan spec lea +M vltn the braadlear rdrnt mMrmrma[(,xl ,neantaln the only mature 11'13 In ite a Aa anvia te.f .trn the deg •tat LOn l vide a r l ety ar vll Jl Ile, rrr•hlatdne axurcm are ea C,tl,d Is 1. round at... the base der the hit 13 Mere nurse ­1 apringa ale present. pp _ m Pr <Ilmi nary LY Art me,, .183 Mx FnonpAii9N " ^' vT ec:0 }ryes m[v.al re »nrce] •entrleu [•• to the Laav[Y and env l.onn.ntal i[t rac[Inn a! [ Ini a '.'ae] t ' -oP 4,a9n1< .'eatore, and I.- ar :e9 °• nl<Il + - to will oro welt nr ae o roP.nter n,e e, -n t. nn.......aIIn _, .unlrtum IF Jrop•!]alanntn; and Solon YF2.0501 h.s,rr.a[Inn o! '+ Pal x.»v la) Fr.nlxe: . vlla:.5e nyan] ,f -11e Gtanning a a are a ,a....I, ,a oral a .o ore. .�t n enema x prm.m em.r III rh EC::YF: A,.,, aCCroprla4 land wise ][ra Gt¢ly and !Band a-n] tna[ I'll n.nlnl:e at t•ra [:M] [9 1»nara MY. `.n as r,•+: In ,.orate actt n Items ielltl 12.: 1e5 'all L(a) am (eI of Crape er Re. (e) ACT;av: utilize na]Ir. andior arnn¢n t -tnl Brant tr e]. .A] a a serum avies fire r .ardent 'iva till �. (b DI¢E ^T r F: - [del vn tan.. .u. tn[sa cm[ (b seer "I., thtl::Y! + -tn ait.111 -ant n11151Je r!a[vr.]. (9) 1 110w: %,.It fp. nl al aC[enr don to . I.z .,, C ry MaM vltnln a • r Inpoetant vl.w,n.d] 11 "1' I n]. r. doonl InlllIF -,,a the 1­1 l Cl CIOEC:•t E'nnll.nt:fY aetlunn that Wale Inane' the natur!1 1 i \ ne 'Itl If can YOn] and natural amino.. co ors n. !I) x•=T:LX: rat! protect ne](4 n] that Grn vldr alaual Ilw si.' [ d, ..n9 mvIran,." by sneer, he he. .... is and a arad doe ant .e cnannets within the open role. l prol•^t] and 1r Isod schel ng to reflect !nr n slued rUarlan ,...... . of he canyon. (a) Ac Tt's. Xe. ale . ,.l 9n ma9e murn.] where •..Ito I'd "'. tY is no_ <ow•'+I xed. ;c) ITT tCXt It ti l _. Iral..me -.r]e] as ni[vral to fen. "lf I.tvc en n.19h]v rn odd ]. In) f(X:I.YL: R.e Ye psil.Y fro tell,. :IU ppo.[a .I9n(fieant bt11 1 lalch should he prnery . to the dreata]L aI. n[ r. ad Ill.. 11, .1x ECTIiE: E]tamuh land n e and Ianose a pe 1111-0.1 and n ard. to .....ct wl tdl lry nml t at] am Inpvr[anc w.1!a urn. vizz. �ran0 - va.aoao (A) ICTILT: vrla l+n ant 11a1ae•1 vltnln can Y ^.n] ",a It Gar tan o r .. cr vale, related a ll Shall 1. 9 rn111 Illy arter a !it, apeclrlr n ei Ll9atlen Is rondo,lld -o .1!rme ur ertmt and fl.%UilY of the natural ve ;et a[I Cn. (BI ACTIO: aa vle clustered aIr,, -fg11Y residential "I" wR hi canfom wtu rtpa rt an am ran rn. woe. anmnpedale. (C) ACTIO: roads and boucle;, shalt nave an ..CroCrlsle ]!rha:k (rain etya ,an ,o rld,r] (o) ACT :Ox: 1h. Imen -1 ar nit Sur! er!e5 roves wlmin I lose l an c rr .eon ]nit ll Le cronmued nn less non. t e!oun! safety hazards ana In a that. will not o damn ;e the .m sYSten or the BowlIII. E [aL11 alI Isnd]e a pl n5 ^:+LVelals Soar a . Tell I 1 I'Joining r unities led that are na[(wa ere Been 4n L -eo l.ra nt with r1r. ,eta dent qu 1LIII,s I., ,n" ar a]. IiJ AC: 1C[I: an ......mental as ,men[ for ]n, land u apps card on re ¢a trinr ,",. a[ locebd In vlldl'naL a . 4nuun rya nits La Mr rare am endangered tle one rlora. (rl FINOIXL: -intent !III.11 nn (a essential to inn eo nslc well h.ln. of thin rourly and renvl.... nth v! dncs.lY and•a..Id he _ pled wryer! sl4nlrlcanl mine l nero]lts e]1]L withl:: the 'sins[ Valley Foo LM1l lIs area. (1) LIa ECUtT: Fnlo I,! mitts -v betv!en ]and and 1111-1 ett,aollnn and Fired Control project]. (A) ACTIrg; Permit ]and and 9.a eel ea[r.ctt.n attiiti -I -,,him he llomwar] with !It. aIfl.wal. (2) DIRECTIVE; c 1,, the ..tr.tItsn of sl ;nl r leant min.rat d.ro5x bt r t minted: e5 [n. Nrart o he hlllzide and canyons. (A) AMOK: Permit mineral attraction .ctivttin with site .Pprnni. tmBoon uF2.0505 Peese ... Hn of ,.Murat 4) Fum ec lxC slRnir[cant pr,tt lrld r a Niald i he ',at "I ' Foothill] are part it the heaityr and envlrormenlil altr.ctlnna or the Chum, and sn,ll he protected from ]xagw or d"teuctlao, wiz - n oz _ Iz ar- llnln.ry Raft aeA11103 M1el lntn.rp C. alt �93 ra'T •. �.I YF 3.OUA -'vR, cU W lt) D[0.ECTt YE: Arbon tang a rateUw that D.ovect "Ya"An' Pr:hCs I to In.t, -.s rpm f-a,- ,r aotrdttlan. I, Arti "A: nrpub'e a nvlrocnnctal [a a n a am 1 -!n aC Cl tcaLlr vuf rtni aCCrn st. '.' In a r!aa era_ a.e cons ta!Iea sslnle Dr!nt sr arlt sltna. •,) PuL[w: Te aeon r. or v p +e 1. n uae apace •n lcn cu a ..elY _^mat 6t 0. .nenrM lT -M .nto tTe -nmv.l tY'a in, 111 raE ^ • i'.E: .:r"tain open s ... lions. rt , ieolo9tc. mrl: o not- nool- lOnanaY evaan9er Pu011o health and v feev and an nttl:t, , ,-tarn am 4amptrtat ton ,IShtoof- (A) AS IC➢: 1.r ntt the t nsrer or rota -11.1 nenU [y Gam lain nrt ultnal, (,r 1.11t.nle serve turea. ^an 'he Dltnr.e ra......2 d.ram[m en[ rrn!. an. at land r s L *:race to +:tit an , apace •m IM. +t l: Een.rlt I...:...AIY. fBl ArI:).: Stanllsn a .sloe.. jet acv ltY on land inae, d. .elapn -nt lea tr!,[tae .r ulzy < me ,hlth n he tr a n,! rr.d t rcupn t e Flann.n pealeen.lal Cer.lor- _� Vn(t re.e mrm.n. apvllotlrns vns, t ( •a. �nm to In tin is unven dth In- Inpror<e -111 he _ lraR,an ar t c nett. III OD to le. d,e CtnR no r ..... a des .n the fnntnllls. .... OD to ve d int r er t e n land In the fno[hl lls alto at I•ast' ar to lrtY p.re<nt or lean "t, aneean lane arum or lie twtm ua. (I1 01RECTEVE: nntanue lullle n ail, or ealstlnt PnElle .am that is necessary ra, poallc a -al m, s.rar a e v.lrar -. nl ACTION: Ggrdl ^ace all Monolog all eevemrwent ae ra t e8le- h.tue.n r.A,orat,le poet tc a8<nt lea. 131 DxR grJ xtE: en to.,r sae th -. none[ ar Pun la air .-ad land r t . planning a 'Par a D,tva a land heL.er m3tH hr nt.r site Cra Leettan and 1111 ap-- la.— In) ICIION: asst ;n ODD ro Drfate ion- uae dtailteld to ova (3Ib is eachan8e lane. rLm FODUIa TI ^.x v F). caoO _ aF 2. COCO III eu¢nvY uuut• open :Pare :me tr.• :ailanspin, to 1•rine n•IR lI,,naans Ina al srrl ^L nonnearlea the [ .1 •I ln•ate ,11Aea n•tvem Cne na.lira! ana nupr •nvlronme nt. (A) ACTION: In rsr -k, Mt ton Items "niter `ectlnn 4 2. 0501, still of NIS !lupter. tst 01' ECT IVE: hoe steps to ..I —age tTe .slenll.h nr Pr:Y ate r rtrerny In ac.n 1p-- (AI aCT I CH: r conr a4n !Ins[er ln6 at eerelnsment tt retain open ,Pace tnrmgn a a Incentlre aYStem untl er the flannea bril Avelnlmr char almll.r ap,l le a[lon prne•as. 'It.. MF2.05 15 _ wl[y P!creatlon (a) TIN. NC: G,cat r at [on opWrunuo-s In te- plamm.a a not adequate to serve the Iner.asea ao Prlatlan 1-1h and ih.hld• be srrpplenentet. ' III DIRECTIVE: hedge hdltlanal recd- etlonal (anlll IIes ,!thin AN, ron+unity. (A) ACTION: Pe rule recreath..al racllltlea vltnlo IN. planning area. It) ACTION: m,auraRa the uae of P.Ntle lane for r -,.ace .ton Wrp,a.s. (C) AMON! int.—a- r -t aatlanal .1bol wlLl -a uttnln IMblau.l rolaenllalrcrnl •e tit. (D) ACTION: Ea tahllan equ-atrlan trail standards that are s (allot to aM1je to tea , ^^a nttles. (E) CT CIA tden Llry a s Mere O"i nS. n @Ina one N: - gnotrlan syatema a.. deatra >le and ea(n 4lnat In. CI!APTFP h. SAFETY '.The pr n•la log a .nte relief and stn., resit c. the foothill, a the or a ral potential natural naaaMa.vr They planning area lad luc tea 1. A till storleatlY active a rthquaYe a dal Co tenth LY soil,, a aalta c a the plan a the mI notable he tog the CitaaOnga mutt ana the Ad hall Fam0. '+tgn]II-111 a Ott ,a ae -n n r !e et pev 4d a gr_hearaYlnR. Rroum ,nptvre anaeRrouna mu0re.a ra heip prntmt r tare• aerelc.ment fr gn felrin nazi Ida. land .1. a[ra[eg (tat aev-Inanent standards and geole8te atWiltn, aroula be regoirod Mrre tavus are little to tnrerse the planning area. 02 - In 02 - - Prelteinary Craft O411 IIA3 F el lmtnarY mart OA, 1,83 ILAI Fa LxoLrlull r.Aa ..In1uTlOU :•.< the c.,I—d horizontal sutra r!,. -.lane Ya. <t c,r I.MIr [ e ru 0ae!3I.Y u arlv'r]etY prl•nt'd ' ac ture] Io 6eoltP% 11' [I, so, uae of fire reatst :ve cans fl. .nn .i -11 is. ]t••9 :l3f•a lte:eq .n at anJ a `I /IIY n r•n n :! also per ],p lBl t n3M r[atlo standards e-11 • CO, y.< lea rt9 I�.v n, a -r : -.,Ltx -a I<. erm (ne [hn r,a] n•tltY []r, 1- 111t[m!n[. r,IsItX: ,ll.lt erl to c nlCrt�-Gl fill le ]. ,tWu le non ae a v33 In['a •/GOn are aa. nn i -I nl• a ] T,elle +afr[Y El em <n[ [o, i n Berrar]Inn • oalna telY 'it >( :h• It a nn :r; ,r ra :] al Lnle,the n•[n •ELI1,rd IC1 A'T IIIX: Pn vnl rf ma n•Ia Ln rY faM u3 to n.{ar <a etla t <•1 to antml331an of de- Jo{nent Itanal alE prorl ]l on ur - rvm teat.,. n T Y f: >rn a0le ve4'ta[1•:n. :Imlt-J <a ar fire prot•etlon ]errtcn. ram r, - _.0111- R.elo[m!n +Lrtn trt] a < viii , :le I,ter!ta1'lnr :T•nre of f.th ]Lxuet -1 (o) ACTION: R"ulre a minimum distance of thirty feet +. ^, ntJ: InJ it, sta.. -- '-tiro ,al n--.r to +,ea3 >r nl ;nlr allxen ,e A IJ <n[lal .nits m nleh ore naran areas ,me ..,It— / -4e IA l tan']•'ne Ll.r lot >r ."mans nr! •`-n x ,•filmed unless reduction m (Ire larard has been whLe✓ed d] 1, pars Kr`:[, •v to land ,n! ]crate,:,]. reel exr., —It 1,etrams and tnr nu n the 'mpl moot, [ion of al ternat lve .nl LlY tlpn ]ev lm.. r- ]t avl ain]. me... !a. 4_ . If U :- yl,noMne a,!a are 1.3!cted to flood In area of woe (E) ACTION: Repulre ]anda,ape plan, Lo Indicate fuel • the '•!I r•t !a I St lax (1-4 crntr,i tacit It III- ELV •In pm!nt eMlrlcat LUn fine re at II.,. latr. pnrmwen[ I-II,tlen ,ill,] ' -- :atn [.'end ntrrl iacl :ltle] ­b be Nen nr al II.J Se ip ln5. c a • plan (or r • hY, At,.... and wine Crne4 rylfir•. -' ..•,r [:Y +r J!, aw11 /nd^•r[ected W he ccmpleced In Ne near (F) ACTSOY: Re genre . anRenenb mr mamtenane• or open - ann as Hr<ntrprl va to rrn ner[1<s to ,!dime ft re tt -- (G) ACTION: Require expanded fuel Or ea M] noel [s - =i'•L:'If_ ][ 11, pl,nn!n4 > auNf'rt m ' • In,, "ds[ree n•tveen nnv develnpa-, and fu ,bed a a :eft 1 (: r•n and a13,f libl, ]Geis ]Iou1J be taken [a -1U11 •r •1`1 or .nn eve In red. /V1 C1nd Pe ,n .o nfn and r^ , .[) nun nrl. ` v DIRE: (111 ACT (ONE Nenvlre procedure to tapl,] .yr,] maintain :I) ;:'a E: Prmote ru'I n na4^ment pru4 ram] to tMSe ar.as r i re but re,] Ito,, AI] st re <ta•atl.In n Ie]I d e.ItsI e._ . t. Ind tnr -al el +sienna fir A. ernJ<et3. :A) Ii; fo'1: ,ave In Girt (3) PIRECTI'!C ".It land u at ra[glu confide l,e to fire s QI -P,. al 'E hig nett Frogrsm ar s.m: br'r,r,ram aRer, r1AnUnR •rrc,,t -ndI. (A) ACT IUN: Tr ... I- densities and -lust,, aevlloment to 4e1 ACTmx: ES Ca^ tun+ yoc•d.re to ,.gn: re participation inrreae :111,1 mete] in rlryuhq structural [tree 'th< In 1M cnap.rcal me<rlene Prngnm n Hotta, rrxru :cp In LM r(re retard zone. through Mobbed UnL "e'nla [,c C.,tt •s fev clop fin v e, [n! pl ann nd Init e.r:L,tecal or ]lnuar appticuton ^a 1.) OINICTIYE: bvelap'be Infr.1tructwe d,,I,A n<MM to (O A'a lL x. Be lul re P:el mna4 en ent p: an in conJfin er inn Li v<I handle future (l re(l0.htinN re 4'al resents In the a pp 111111 nos far r.]IIIA "111 I'LI411A perml,s nn pl >nni ny a 11 an ... or o[e 11, loco Ir, •I 11 in ton oleo It,. naiad sane. (A) AR M: Dvelop 1n1+neM circulation vi thln .J.c,a O; CSRLQI!E: Adopt •f3 r• fare' ]GaM arch ad aNV s pet lal Ind tmprovea a a to ou tlYl nR a , for err LC tent d.•.emment .eq.o-n]en[s ru. ues. +,n3 ,..n. 1 -n [),. ent or rl rfrl Allttn6 eg•/Ifinen[eand In- ]af^ Poreat o. vI Island It .val�otldn of r. afd enb. (l) AC71Cd: Pe.(ut,e d— la"ItE NUlldial ][and arch 1da1ed to bIllslnq setback]. Ir ft.[ and SNlnq m c<rlal], DIE - is C] - IS Prfl(minary is It 04"1:9) h el lm mart 0.arc gP,I I,XI 0 KIN rnts"Tille VF_.00nO _ f[t.uf 1. (]f aC: I'.v: a dnlr..,.Co.,. + :tl rtre eY -rants and .'l era : .ar lane^ rttn :rl[er la .::1 2" ed by t:l Flre P e[. ct.on Dlftrlet and '%aunt'/ I", ton a _..'ACS 'la____ (al I - YD1:1a: nod na:a rd] u{thtn the :InN.lCE a .1Rnlrlcant an.] all (r'v ID:e ]:n p] c oulf ]e' n [o rHUO the 'I".1 to :1(! tnd pr .pe rtY ^au]H by t.aoa l.ne. !U pIIECT:'E: setts. Lord a [e ;1m ana develacmec[ a[AnoI ,a to m: t{qa[! (I—din, naaa Ida. C2- v 7r.11a1narY EN-art Call LIU PIAN FDUNCAT fcx DDDD - .Phan InF2 -.hhu G-1. in 1.1 Flop Nb:: prr[l.na u( [ ! pl annlup a • —1 n a4e rau l[ alt r•af lG l ea uuldr be - tnrut ;o 111, and pr+rper[Y .'r.va pnvlhle c'aeY.tt(• (I) UIbECTIVE.' E]t,CIIbN ap!v tai .!inn IC st soda r.:a ]no rob 1,1nelnm nn ruture dnvelppoant. IAl t.:..: .1.1,1— ap tai aeo le Yle st ud lea. [ rmt n. I' 1Lkell Mod of fault ruplof- and L ea LaE l l ahte ap,,prlate ennatru.:tlon aetCanks from �acirle vault le) ACTtng: Yu 1 —1, (or MIC- n1euP -1 .1 crib —I Inclulin, ] anl+, rlr- and pnI l ce fecll lttm. rater TINA, . nr vol n..tc or la catton shall tnclule Inv ea[I�a[ or e- -ovd lttnno on ehe alts ana ]heu nonea1.0.", sultxln 150 Ile, or A vault round to be potentially t.IL,. un leaf e[ae rvl ae rec mmne M ed tY a r- 1111.1.d 6nn la R:s;. (r.) ACTION: P- IL residential development r[thin the nlgnnt-d fault t s but prphLbIt hahttal structure rtthm IN. rem mend a.r,t, attna -Y. (o) ACTION rage In. n .r t tm [vrtlnnf or the lame -me ror recreau .cane cCmnon avers ...P, pnrw fed. IE) ACTION: MIllty lines and ]treeb should not be placed nthtn the 1-11 f.emcY :one a c.pt ror don .,-ir, MI ^h ran be ,Ai rerremlfular• to the non etrat, or -m.d by the project geoluXist and appro—d by therr.v lerl n6 aulhortt,. (t) DIRECTIVE: Establish resldenttal lend o]. rtrateglaa Lbat tN. threx t. "1. and pr.P,rtY rem [n 1,NI. fa eac aetl.ItY. (n ACTION: Fstobum a —III-11.1 J-11, or up Is .1 —IMPA p n land north or .and ^rowed by ohe uc anga TALL, rtWY Gone. tb) FINDING: PdrtlCNs of the rmtbllls and natter ]lopes are subject to a]vvae AeolCA le condltlam An.l all re.alble .1,1.1 yM uld be taken to reduce the threat to III, and property r-an landslides• slope umtnbuuF and rtun (l) DIRECTIVE: Eatabt Lab ]MClal aInndards and re Vuirement3 per ruture derelolwent prep.A Id rtth[n the r.atbllb and ar As C......I.. Potentl.t un.t.bl. anus. 02 - la n <unlnnrY Draft ou /11/03 (Al ACTION: [J.only [n1 -11.1 II.ra 1atar,1 area]. !dl AC }tpM:r oNlJlt ac :vlrl -f 11[.11. Sd en!I r(ed r:a Nra YS l.at -.:I 1 er rere + It No INAbroll =a Dan lI n cutJ ]u0 ]t an[1a11Y In.... ]l ltaa on or ame.0 l]e .11]mre the er 41) AC: 1C.: Gfanourade the C-Ir r f.a d lvt ]l on er and +IL,tn I.le]t bled If •J Ynar .rinod pl aloe anvil ad r1coJ Dr a teR ion for [.e .,,A it DI -Id... D,,,,Ct de]1gd L .ax• r.cnnl- rt II ]e po.pe'LY ufwm vlthr c,muneY «o-fe drat -at raauwe]. Or ACi ICX: Pev[n 'so lAd)..1 debt n to Insure t .1e , a r' od alopee ad) -R r3nnd control ' t sou me] atnn <omd ha ntonw.d out ro fl npe nuero. be II IF) ACTMN: C. ],,.at. - :oM rate AN Aura! i I- ON .n tR. CenerA, plan and 11—d-1 be to, OI]trle[ QI DIN U PIVE: Map[ n ory AIa11.g ] arils [ mi to t.n u.t rbMmA 11.hleaa as ].nla trJa ath [on]baecm.. I l ACTION: Ae.tulre teat ve a b. taken to cbns.- -..No rr I_ e..etr...uonaf a.]. (B) ACT iJR: Oeou!re p,_It r .eg aGitldn and /o, dev.l.cnent on C—Iy graded Sit, to .entrdt rro el On. (C) ACT IC11: 1an1r.a1 Aratt,a 'aD. raC ion] C.11, to! ratty (DI ACTION: A sa NI.. ,-1 1". NAY fe 1.1utad 1n t - .n AN lR )ueu an C2- v 7r.11a1narY EN-art Call LIU PIAN FDUNCAT fcx DDDD - .Phan InF2 -.hhu G-1. in 1.1 Flop Nb:: prr[l.na u( [ ! pl annlup a • —1 n a4e rau l[ alt r•af lG l ea uuldr be - tnrut ;o 111, and pr+rper[Y .'r.va pnvlhle c'aeY.tt(• (I) UIbECTIVE.' E]t,CIIbN ap!v tai .!inn IC st soda r.:a ]no rob 1,1nelnm nn ruture dnvelppoant. IAl t.:..: .1.1,1— ap tai aeo le Yle st ud lea. [ rmt n. I' 1Lkell Mod of fault ruplof- and L ea LaE l l ahte ap,,prlate ennatru.:tlon aetCanks from �acirle vault le) ACTtng: Yu 1 —1, (or MIC- n1euP -1 .1 crib —I Inclulin, ] anl+, rlr- and pnI l ce fecll lttm. rater TINA, . nr vol n..tc or la catton shall tnclule Inv ea[I�a[ or e- -ovd lttnno on ehe alts ana ]heu nonea1.0.", sultxln 150 Ile, or A vault round to be potentially t.IL,. un leaf e[ae rvl ae rec mmne M ed tY a r- 1111.1.d 6nn la R:s;. (r.) ACTION: P- IL residential development r[thin the nlgnnt-d fault t s but prphLbIt hahttal structure rtthm IN. rem mend a.r,t, attna -Y. (o) ACTION rage In. n .r t tm [vrtlnnf or the lame -me ror recreau .cane cCmnon avers ...P, pnrw fed. IE) ACTION: MIllty lines and ]treeb should not be placed nthtn the 1-11 f.emcY :one a c.pt ror don .,-ir, MI ^h ran be ,Ai rerremlfular• to the non etrat, or -m.d by the project geoluXist and appro—d by therr.v lerl n6 aulhortt,. (t) DIRECTIVE: Establish resldenttal lend o]. rtrateglaa Lbat tN. threx t. "1. and pr.P,rtY rem [n 1,NI. fa eac aetl.ItY. (n ACTION: Fstobum a —III-11.1 J-11, or up Is .1 —IMPA p n land north or .and ^rowed by ohe uc anga TALL, rtWY Gone. tb) FINDING: PdrtlCNs of the rmtbllls and natter ]lopes are subject to a]vvae AeolCA le condltlam An.l all re.alble .1,1.1 yM uld be taken to reduce the threat to III, and property r-an landslides• slope umtnbuuF and rtun (l) DIRECTIVE: Eatabt Lab ]MClal aInndards and re Vuirement3 per ruture derelolwent prep.A Id rtth[n the r.atbllb and ar As C......I.. Potentl.t un.t.bl. anus. 02 - la n <unlnnrY Draft ou /11/03 r a1 PUN FCUNCATION Pux FOInID.Ttax 1 vp�enD = +E Z. Deno vF:. saD - aa.ronD C9APEER 8. ENVIRONMENTAL CUALiiT III Af Tto.: Special ge]teennleal ]t ut lea !ball be 111.1—io ewla ae e !ar ail cr of • =[] P.emaeJ rl tlln ere rn utnll to nv 'd thou proper ontrol1. e•vele e.bt +lthln the pl annlns area po l:a. .rla:n ]Y former n •r latln4 T +r' .n !15n (I :rant [e rrn[ •r [he •nrlronn-1.1 Dual ltY >f for fees thl 'V Je[•rn l mod] ' • llaeirli•n.t orr8 ro one tailor• ane iIl.e� +rr. in roes en app cfr ra[• rand u.!! !........ p. 1 anal area ane bona. .a fat l l< Ann h,l on ter wile clan. in. ealan<e e.t v..n wn'.I rnnmeneal gnall[r no bwnan apll luea "an e! Hal nlal not. 151 tc: ev: ..... am ""a foal] net ee plac!E a fallwn[I(l<e as baving + Cetenl:al (ur lane +r[lon YF2.D801 11, ..1ta allcre +CI<fa fall maple ff carrert <J. ' (a) FINDING: quail[. In the plannly area fneule be pot!et•f t o epl O;l AC IOV: Apply .. eef,al grallnR tecnnlqu!a [ - ptr one 8r ea tea[ talent !•n 1Ele [nroe8n tli pool n8 prodran. (or vie ntf at ]top• :bat poll tai M!r! en -fl[e el afv pal 'll DIRECTIVE: Adapt land uan vra ee84n Mr lob rMUCe .bit!' a, n!va8e •ffl ... I IN p-pin -I. (r•ev<ner ane lery[b. IAl ACTION: Mapt Rotten at +taa..p MDer Sodden C9n P: rR f i•.EPSf ' - YP 2. ]]0112)(2) In Chapter i. Cool biro tall la rnla'a r.ple rate of 8 -oNh ane d.- ala{nent 1n the lap[ 121 DIRECTIVE: Free non the na of tramporeatldn npe!a goner rat n•cmn n a eon a enwnl!d be a tr•mrneous Iner•at• :n tee than LM autan eO ll a .e .mare r+r erg 1. Tn as [1arY tbla ote-1. Incr!afee arl—IN If r «ey ..].poor afde M rrµon nu become +e an. In GI AerlD x: adopt Mr fen tea tow enu ore er Set lob - of J: +InueLns r ane r n ing 8rov[n. It z- odor e'!ae fL 62. D i011 a11U In Chapter i. that oVA. , at W. old 1 -11 Dregrae u It aa[ef —il, l p'�Anrto saelffr (uur< emend. En"91 (o.] n Ceo] a thrangn joe,nrml— plannlne a +ee In. YF2 oSOS Water W llt1' _a I•. alb end !t a:egY or -at I. nav a I-A-11 on-leeelocee ar•s. for 1,1 FlxptxL: lbe piano tog a on[rleutu to one a e p .. - 1. ,ne eo vra a ...n eo mltl ea nna all mw au nee. parr [o nee < rtmn aF2.0701 Conservation - prnteer. that anter rl.plity and quantity Ilwnla uYen. rat 11x111w: —ary n. Imw yen ne mrat ane n......t (ll DIRECTIVE: The ev l!v of all rr.11Vt' anall Inalrge ape<LI Ana senmn a. mrarpontao .Ithln the pl annln, oroaran mr anvlelom to mulhlae reglgnal +at.rabee pe ryes la ct nn and -he ••pa faun Ffetnflls area. minlml_e <.o pion. Ilr OIVECTIVE: f - -an pnap: p. •a p• of In. prnat! ao ten oe lie el Mope Recurs pomp In Clod a qn vFZ.02as(el In u) Ann . run ;mR Le!rnallvr mol.p or [ranfpgrtatlon. aver! vp z. asDlt and (e). W ,vp espy fat e. ane al(ng) IA1 Atttcx: h-Ld. elercl! 2nD p.autrlan 1-111 along (8) ACC, .opt Mtlon J,-N In `e<tmn vF2.e6051a1(2). oaf +r n - rY one other cr...: .o n[.s. m.e<. to Acnox: Encourage t na of r.a amrd .axe ur .'pIopr nro hen - atteopDoka,. ..Beetre t—et e•velel -d vlthin wa IN) JCTILx: Adopt M'lon Items larder Section tre plannlne a es Wien ante elz`harge r•,I—entp can :TL 0a,011a116I. to Chapter 3. be nab. 3TRE.'.IVE: Mupt efficient land me aA1.1ASfu Jllch (2) DIRECTIVE: Permit on -altr Softie sYstaet Mt" lot" t-lltr (21 enerBY reeun .Inlet. [r:I fllllbll and teneth. dill net Oa lnpard"ed. (Al ACTION: Place Lbr hl,.er denaltl r.,LdA.tlal (A) ACTION: locate aM depnrlb. an -alt. pep[IC a lepi on .fe +e:opeent fd lacrnt ce nelgboorb -1 1- aaerelal olle . I-1 in anent plane. la) ACTION: t0b2ce neighborhood c total facilities an sites that. are c.ntralJo-d andocenvenf <nt for the uaer. Dz - ze Pra In m.rr hart 0/111113 Dz - w PrellnlmrY Draft 04/11/81 0 • • !BI a11I1N: MGt < or9a N n_Y '-1 - Lla[rlc[ at[t,a crl [!r1a Tnr .... a•p[ 1Y1L .• lc. lv! cyn •:) a T!,N . ur ,4e []e •St an ll:Im enL nr !�! an -,It• .1, •nr„ n<nG :-,. Tor a GLd.11nl (D) A-TeN: 4-1,!- c c .clal ero bcto a a,tl ent l,l Grol -e Ie.)ai. x r err pvq;hp p.. IE1 I:[3',N; i.. nlL c :eii•e•lan anC [ �G�r.�,n1 ar Lne . -.gym ns!a •a .11r��t Inn l.[mm m -1..e Sr3e.T3. (ai F[NI e. Tl of as N• nn l3• l.vela rill Inr A n•tn ,r. .t t.:l, rE- p: a t. I a antl all (•aa!Ller'a.'aaa I-L • r•, _a n.n. �. � !a —I 'l of (e n. on (+:ur! !11 D M -TIME: E, bL113B SIZt, dM 3 er lon a[anu,Ma Ln ..ttsan! :7u m-a•m fr- - +o t(arrw cor.teors. [A1 AC!I: X: 1!,,,rn [ Sup +t'[at nT a dat Seal n: 11 ,1, att n :al pr nJ - t .Ill ] r, q-n� et^ n,pac v.t ny -.v lit tn4 -t 0 .a pl c'aerut'+ -e no..e '� sm•r, - tv vinr [rang Cr .. lrn m rl ar,. !B) AR. ^H: Elta]IIL, 11',11.1 Sl:e pt annlnq ftan�aMa ur adj, t n I mon plea t. -!C UC. n >11e i, pac rl. (:1 ACT: .N: 3-1— ' -rlar r-W-n_1,1 nolae 1 -v.la 'r-an ou.341! an ur -o .o a r G -a e.- -ev e11. !L) ACTWS: l -t. nolae- ,.nalrlve l.ne me aql Cl- n10 un tae ar. aa. hll lm lnarY �lT. CV /11:9? �EGFCID i �_ contn�urrt-ry i�ST Vplll`( F0DlptllS ,�;, ,�,,�Y 0 Review of County Proposed Policy Package Page 3 February 21, 1983 - Note: The County legislative advocate has advised the staff that this package is a proposal to Cities, and no proposed legislation has been written. It would seem then, that the County will wait until a majority of Cities respond before making any primary changes in procedure. lt� c 1 I • 0 • I -3�: c,,O-A CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: April 8, 1983 TO: City Council FROM: Jon D. Mikels, Mayor SUBJECT: Proposed City /County licy Package Please find attached copies of the County's proposed policy package and analyses by LAFCO and city staff. The first two policy items relating to annexations should be evaluated in terms of their impact on future city efforts to annex the Northern Sphere. My personal position is one of support for staff's recommendation. Policy Item No. 3 regarding redevelopment MOU's, I have referred to John Brown, Agency counsel, for comments. Item No. 4 would simply permit City use of County's legislative advocates when both parties agree on an issue. The proposed Foothills Community Plan, which includes our Northern Sphere area, will be presented in draft form at a meeting scheduled for Tuesday, April 12, 1983 at the Rancho Cucamonga Library. The property owners' support of the draft and the City's reaction to it will be critical in any effort to proceed with annexation. I have asked our planning staff, by copy of this memo, to analyze the draft plan for the City Council. Of particular importance is the consistency with current city policies and the compatibility of proposed land uses with our own General Plan. JD!1: baa attach cc: Lauren Wasscrman Jack Lam 14 CITY OF RANCHO CUCAMONGA MEMORANDUM F DATE: April 5, 1983 T0: Jon Mikels, Mayor ��L�;�, FROM: Rick Gomez, City Planner / / ;(Vojj SUBJECT: CITY /COUNTY POLICY PACKAGE ABSTRACT: The San Bernardino County Administrative Office has distributed a City /County package program of four (4) items intended to facilitate better coordination and harmony between cities and the County. These issues were develped as a result of concerns brought up at a City /County conference at Lake Arrowhead. This memo is intended to highlight and review the key points of these (4) four items and address any impacts that these may have upon Rancho Cucamonga. ITEM 1 - AW4EXATION TAX TRANSFER FORMULAS BACKGROUND: The County is preparing a property tax transfer policy for annexations to cities in San Bernardino County based upon the need to establish an equitable method for division of property tax when territory is annexed into a city. Recognizing that costs for municipal -type services vary with the degree of development in a specific annexation boundary, a distinction has been made between developed and undeveloped territory. Property tax transfers for each category of annexations would be as follows: For annexations of vacant or undeveloped properties totaling less than 100 acres, the present formula based upon the sum of one -half of the difference between the city's historic share and the property tax for services being transferred and the property taxes for transferred services. 2. For annexations of developed properties totaling less than 100 acres, the League of California Cities formula would be used. LEAGUE OF CITIES PROPOSAL FOR TAX ALLOCATION A kW = D A +B Where: A = Annexing City's prior year's total property tax revenue. B =County's prior year's property tax revenue derived in City area. IuJ City County Policy Package Page 2 ' 0 C = County's property tax revenue share generated within the area to be annexed. D = Distribution to the City upon annexation. 3. For annexations of 100 acres or more of developed or undeveloped properties, the property tax transfer for each annexation will be negotiated on the basis of the special circumstances applicable. For the purposes of this policy, developed means areas which are residential in character, wholly subdivided with 75 more of lots occupied by residential structures. Undeveloped shall include areas residential in character, subdivided with less than 25: of lots occupied. Annexation proposals not falling into one of the above shall be determined to be developed or undeveloped by agreement between the County Administrative Officer and the City Manager. AN 4LYS IS: This item specifically refers to a change in the current tax transrer for areas of 100 acres or less. The current formula provides • the City with approximately one -half the amount of what would have been the City's historic share that remains after the money that goes to special districts is taken out, in addition to that portion that was given to a special district for a service the City will now be responsible for. The new formula would provide the City with close to the full amount remaining, rather than one -half of that amount, For developed urban areas, this change in amount of tax dollars received by the City may make the annexation of any particular area cost - effective. For certain types of land uses, particularly residential, even the full amount of the taxes transferred to the City may still result in the area being a financial burden rather than a benefit, particularly in light of the financial difficulties cities are experiencing in general fund services. The effects of this new tax transfer methodology would help to provide consistency to the process of determining a property transfer. Since Rancho ricarnonga more than likely will only be considering annexations in primarily undeveloped areas greater than 100 acres, it .vi11 be subject to negotiations. It is likely, therefore, that this policy would probably have limited affect on any future annexation procedures. RF.CO'1ME!1DATIT,1: Support policy of new tax transfer methodology. 9 N4 City County Policy Package Page 3 • ITEM. 2 (a) ANNEXATION PROCEDUREM) SPHERE OF INFLUENCE BACKGROUND: a. Proposed Legislative Changes to Annexation Procedure Where annexations have general support of owners and residents, it is proposed that the conducting authority be empowered to approve all annexations ;uninhabited or inhabited) unless a majority protest is filed by a majority of the registered voters within the area proposed for annexation. If a majority protest has been filed by owners or electors, the conducting authority shall have the options of calling an election on the annexation proposal or disapproving the application. b. Pr000sed Sphere of Influence Legislation It is proposed that where territory is within a sphere of influence approved by the LAFC on January 1, 1983, and a city initiates an annexation proposal pursuant to this policy and the annexation fails, the sphere of influence shall terminate for five years. ANAUSIS: This policy package also discusses changes in annexation law • whicl Mould ultimately result in amendments to the State's Municipal Reorganization Act (NORGA). Current legislation for undeveloped properties requires that the city proposing an annexation terminate proceedings if written protests have been filed by landowners who own 50% or more of the total assessed value of land and improvements within the territory. These changes would give the City a second opportunity to proceed with the annexation if deterred by landowner or resident protests, by allowing the City to hold a special election. If the annexation is voted down at the election, the area is then taken out of the City's sphere of influence for a period of five (5) years. Similar procedures have been established for develooed areas as well. Current law states that if 50% of the registered voters, or landowners holding 50[; of the assessed value, file written protest against the annexation, the City must discontinue annexation proceedings. If 254 to 504 of these two groups file written protest, the City has the option of holding an election. If the election is lost, the City must terminate annexation proceedings. The revised legislation would require 50: of the registered voters, or landowners holding 50" of the areas assessed value, to submit written protest against the annexation. If this occurs, the City then has the option of either terminating annexation proceedings or calling a special election of the voters within the area to be annexed. If the proposal is defeated by a majority of the vote, the area will be removed from the City's sphere of influenza, 145 u City County Policy Package Page l Impacts on the City are two -fold. First, the opportunity is there for a second chance at convincing these people that annexation would be favorable. This nay or may not be a repetition of time and money as elections tend to be costly and no new information may be available to sway the residents from their original perceptions. Secondly, if the City loses an area from its sphere of influence, it will lose its planning authority for this area entirely and open up the area for annexation by other cities (in our case probably not applicable). The County may also subsequently proceed to plan for these areas at its own discretion. The San Bernardino County Local Agency Formation Commission (LAFC) in a letter dated March 14, 1933 to mayors and city managers of San Bernardino County has taken a position in opposition of removing an area fron the City's sphere of influence if an annexation is defeated. RECD '!!-' E';DATICA - ITEM 2 (a): Support policy and amendments to the Municipal organization Act 110RGA) RECC> "4E9CA "I O:I - ITEM 2 (b): Oppose proposed policy to remove an area from a city's sphere of influence upon failure of any annexation • process. IT-�' 3: CIMCOUIITY REDEVELOPMENT 7ISMORANOL':•1 OF UNDERSTANDING; BM.`,GRO'PID: During the last year considerable discussion has taken place regarding possible chances to redevelopment law. The purpose of this policy is to avoid what has been seen by the County as abuses in the city's use of the redevelopment procedure. The County of San Bernardino Administrative Office has prepared a Memorandum of Understanding (1,101J) which is focused on changing the fiscal review process. ANALYSIS: The County has prepared a draft agreement for a Memorandum of Understanding between the City and the County regarding redevelopment policy and the fiscal revie.r procedures. Generally, the policy formation on the fiscal review process has followed the characteristics whirl our City used during the review process of our Redevelopment Plan. There are several factors in this policy which are not now addressed in the redevelopment law. In brief, this section includes requirements for: The responsibility to present information and analysis on the impacts to each of the tax entities within the RDA area. The identification of impacts as 'a result of the RDA area. 3. The recommnndation of possible remedies to the fiscal impacts. M9 City County Policy Package Page 5 ' • The use of an t4OU would include the following: a methodology which will be used in the preparation of a fiscal review report; and, language which the City and the County agrees is the intent and purpose of the fiscal review process. This provides that the Ctiy will not undertake redevelopment without considering and evaluating the concerns raised by the affected taxing agencies as to the "fiscal impacts" demonstrated by affecting taxing agencies through independent fiscal studies conducted by the County or the affected taxing agencies; and, will incorporate in the Redevelopment Plan the necessary time and dollar limitations in accordance with the requirements of the community redevelopment law. The following areas could present major concerns in any future RDA negotiations with the County: 1. The t40U would act to make the fiscal review process mandatory on the part of the City and the Agency. In addition, the City will be required to provide "data relating to increased service costs of the affected taxing agencies and a description of how the affected taxing agencies will finance increased service costs ". Further, an analysis of alternative and supplemental financing approaches in addition to tax increment financing. • 2. The policies lack any specific recommendations for what constitutes fiscal impacts. If the policies are to set forth greater guidance in the operation of fiscal review, then clear criteria and definition of fiscal impact is necessary. 3. The MOU suggests recommendations for redevelopment agencies to mitigate any fiscal impacts. This could limit the negotiation process during the fiscal review process to achieve mutual /joint solutions to mitigate any fiscal impacts. 4. Tile MOU lacks any specific terms in timing and response during the fiscal review process. 5. The 'IOU would reduce the ability of the Agency to use tax increment to assist more localized problems in accordance with redevelopment law and could in fact discourage the use of our 20:5 set aside. REC01440NATION: Support the overall concept contained within the Memorandum of Understanding. However, suggest further clarification to language which addresses concerns mentioned within this report. Also refer the MOU to Agency legal counsel for review of specific language and fP.irther limitations in regard to existing legal limitations. L� 147 City County Policy Package Page 6 • ITE ?1 4 - JOINT CITY /COUNTY. LEGISLATIVE ADVOCACY BACKGROUND: This policy recommendation would allow for the joint use of the County legislative advocate by the City and the County on items of mutual consent. Moreover, it would provide the designation of City /County representatives to review legislation affecting both jurisdiction's needs. ANALYSIS: This policy would tend to strengthen the bond between the City and County in areas of mutual interest and would strengthen this City and County's voice before the legislature. It appears to have no negative effects on the City. RECDI',"IENDATION: Support the use of a joint City /County legislative advocate for areas of mutual consent. RG:jr l J 9 f Y �1 ' TvT,3ER.;. ^TIV� 352299. uninhabited proposal: rescluticc to =_`,satin, proceeci-.= r • or orde na annexation o` detac=ent; .. When the territory proposed to he annexed or cerachec is uninhabited, the conducting authority, not more that. 30 cays a`_te= conclusion of the hearing on protests, shall adopt a resolution r„akina a finding regarding the vale_ of written protests filed and not withdrawn and tasting one o£ the following actions: (a) T ^mate proceedings cr order the territcry annexed or detached subiect to the co::'_i - :.ation by the vc_= __ on the cuestion, and call a special election and submit to `he landowners within `he affected terr&itcrV the cuestion of whether it shall be annexes tc or detached from.. the city if written protests have h = =_n filed and not withdraw:, by the owners of land and improv=ements who own net less than 50 percent of the total assessed value of land and _rc• :e -.e nts wit*,-_;- the ter_ ry. If the Prcrosed annexation obtain roval cf a malerz t; of the eleccers a_ srecia- election called pursuant to this s=ection, the conductinc authority shall terminate the proceed_cas. When proceecincs for annexation are terc,inated _ _=_uant to this section, either before cr after an eleccicn on the question, the territory which was prerosed for annexaticn _ha_', if within the sphere of _rfluence of the c4ty to whin the annexation was _:cposec, be withdrawn fro-. such sphere of influence -or __v y=ears. (b) order the der^ tore annexed or detached w•ithc.:t an election if r writs_n prctcsts have been filed and not w'_thcrawm by owners of land and innrovements who own less than 50 percent of the total assessed value of land and _-_rovements within the territory The value c- _ :c: ^_- .e. ^.ts represented by such _rotes_s shall be cote=; nec in the same_ as the va'_'-e __4 land is dete =.inec. •.l u9 ALTE32VAT_IVE ?_::d :ATZO:: ?30C -Jti?. 3522SA. Inhabited proposal; res_ution crderi= ennE'rzt_cn or detachnne ^t, with or without election, or ter- _n_ -_.... When the territory proposed to be annexed or is _n'- abitec, the conductin, aut:ority, not -..__ than 30 cays after conclusion of the hear :nc, sail a _ resolution making a finainc regarding t..e valna o° writ -en protests filed and'not withdrawn and ta..inc one o'_ t._ following actions: JJ h/J-h �i f-r!•r i �i Th:i ri �i�i UN� Vp ydr' -CFi�� Y•1� nr.6r �: 1•'[d Fi J�fMJfdn `(yJ'F //'�„J Jl YVJ �6`(J � J! ^fJ ..v.'n i �' LrrrFn r.— hF Ph�PH• /•F �.-r. ��r rF fr. _ pseeeecincs or Order the t___-tC_Y annexed or detac:n. subject to the voters on the ccestion., and cal? a spacial . election and to the voters _.._cczr.c w_,.4-i.-. the ae__e_ ___..__o.ry the C'v ° ° -i C.. 0= 4:n__.',er it s: ^.al', be anne =_d :o or ce-ac`,a= -. th_ ` }.y `'_Go wr:`tzn __ -s have been _ nor w_' a- b:. e'__..__ t° 50 nercenz cr more of r __ -e._= voters wit.._-, the ter__tory, or 17. 50 pc_rcent or more c' _he of owners o' land, who also own not less than Z, 50 percent 0f ,.,.e total assessed value of land withLn -.._ territory. I` "he pr;;, 0ssa anrexa -_ca fails to cbt_in approval of a ,..ajcr_ -p of the electors at a special election called pars'ca-.r to this seccien, the ccncxting authority shall to =f hate ' the preceedi -gs. t2he ^. ?rocead ?cgs fog annexat :on are pursue.._ to this sect_., , either bed,._, or after an electzen o. ^. the cuesticn., the t._r_tcry w' - ;C.l was proposed for shall, if ,..._ sn ^,ern of i.^.__t ;_nce of the city to which ..., ...,_.._, cis w _ _ _,_, be w'i ,..._. atOn °r..... sCCh sp'nar_ of ^ O`s_ the 'crr__or, enn_ %ed or detach.__ (b) .- an elect, or, __ ..._,.en protests have been _4411 e- and not withdrawn less than �° '0 percent of the registered voters within the territory and less than 1� 3522 8A. (continued) • -75 50 percent of the owner: of lane who own less than Zr 50 percent of the total assessed calve o` land within the ter:itory. • • r 0 9 `i. COLT."! OF S 1 'v-i VNA.ZDTNO AIND ':..5 CT^L OF .L-Cn ?7 -nG y5 ^. Jtii._SFTi?:T rySG ?R0., z- C -?': On W'vti^_' wv _SDTC IG ?: 1.00 'POLICY - CV.?A�"L Co"Z `! ?0:,-Cy '.•T! +G LS. �'f ?. _... The Hoard of Su?e_v'_scrs (the "Hoard ") of the County of San Herrarcico (-- -e "County "), enco'=aces the location of sound develop -tent in the County, whether that ceve'opmant occurs in cities o:'in uninco_ ^__orated areas of the Country, The Hoard also sa_?orts cooperative enceavo_s anong all cover=-ntal acesde=_ toward ".e zc :'_eve: -°--t o: _ ✓ic::al city a ^c Cot::,ty eer.ertl o ?z:. o�jec t'_ves. This is A.. because there may exist in some instances a shcctzce Of local sen•i ces such as sewer caoacity, classrooms, flOOd control or water scpplp which ^zy adversely z`_fect a city or cc— `s.ity general plan. 2.00 °' L Z. :;E :i - ?tl ?3C ?S The chjective use of t: ^.e !fiscal rev!ew orecess provides a'_fecte`- <�.'_ac entities the oonertunities to assess the fiscal isoacts Of tax irrec.act finzaci-: of redevelr_cent projects T.`.rough the ri =_cal review trccess the ee -ts Of tax inc_eme_n_ __nancina Can be assessed Ln. G fectaC taJ.inc acenc_es _ 0. .e _J recnd _>__.elo ^t agency, as s=norted by'inza -ial stucCes or _.. ___a Cpncx _e- by the County or se aff=_cted tai.^.; a- enczes, `. inanc -al'zl .=rnz__vas to alle:d'n_ or m-4----ate zdverse ❑ c_„cal +pacts that r a occur as a rest.__ e_ tLZ.. _nr.._ct __r,,-cnc of .he _. t_ncec ____-eelc_. -.Ent :ccjec`, r.,zv direct t'ne County ?.d.:.inistraz�ve Off^cer, on a case 'cv case 'basis, to call and c'-air a seal review ec--dttse for __.._.s'oo^ent =rcjec-s pre- o=_xn- __ u__ , _zc_ tam. inure -gent __nancinc so as to assess fiscal intects on ocher aff=_ctec wend es. 2.01 A. General goals of :ha proposed redeve'- oznent ?^eject. i :nclucC:.c a cenenzl 9. t:ature of the zedevs _op ^font n:ej act, des—_4o_'—r. of ce —.ezc izl and res"entia? ce-_= nents an9 ce•: e!op -e .c clans. C. Rh'_ic. buildings facilities, structures or ether to be L_ar.cec through tax inure ^ent f_nencing as reg__red under :'.ea lt'a and Safety Code Sec CC,. 33445. ?ro;ectec cash -o.ds frca tar. increment and related funds the, support the prcject. E. Icp1e - ^ -_.: a'.icc; p*.as :nc and related cocstr•- -t]cn activities, both public and p ^_vane, including p_ jectec built -cut rates and atscrpticn Alta. .. Analysis o: alterna`._!e and supplemental financial approaches in aCCltror. to tax increment _fine nci.y, if ancrc:riate. • G. Projected ann•_al tax increment c-ow:h _foz the duratle^ c` the redevelopment plan. F. Data _elating to se =4 ce costs of the e'_`ecteD taxing aoenoies (e.g., fi e,sChoCl, Co'`ntV, etc.) res L•ltinc frem redevelp_ ^.e nt project _ ole-entaticn. A desciction of how affected agencies will finance increases, service costs shall also be included. 2.02 T'i?1C ?S. T'•3= e Y- - 1A." ------ _Pr;; m -- --cC '- _- The fisca'_ review process for redevelopment projects crevices a net:ad -or t -e a —ecteo taJ4na aCenc]es to cccrdinate and reach agreement .4th the red_•: clpD . ° ^t Lcep ! of va ous _sues. Project ..t should be h .1 :e] to the projEcz Jc'C_.Cary a.'.:_ that area adj in ia, wa'iC h i5 rE a5 C::2h LV a_ -2cted tV t :.12 ?_ c,,. The issues Include, hot are not limited to, the _following: A. Flood control sprave.ects and the _ cpera cn maintenance. B. Adci" cna'_ __re protection, fazilitSes, ecui_r..ehn ar._ = to protect new ____ :e'c —end projects. C. odd ch25 school aclllties and costs or Cparaz L-os. • D. increased mater cyst demands in terns of ca_aci^_y and E. Need for major infrastructure, artez4_1 road=_ or otter faci'_ities .:_t of : ^•erw :se econcm4_cally �l e, except t`rougn the use of tax i.ncr_ ___ancing. F. Increase _- ser:ice de -and for health care, wel`_ass, other soc_a_ services, and law and justice w; ^.ich are attribn table to implementation of I the _ project. 2.03 TO i2 .._ccx ion c- `scal im-acts, which are spec4" rall,v de fined and subs ta:.t arse 'oy the a- -ecded tzxino acency, shall incicde `rut are not l_ -,item tom. A. Alternat .:e financing prog:a.s may be used if and when pcs<_ible (e.c., )o:nt a•.ers ecreementr, asset - rents, develc_er .fees, etc.), in lieu of tax _.._r_.._.._ __.ancinc or in cc-j•n ^ction t :nerewitti 9. Considerari cn of the alleviat'_on of !fiscal impact for those x__e__ed traac zcencies with l!nited capability for obtaining replacement reve_. C. T-4- and /or dollar li..itaticns on the use of tax increment z.:cice ma" be inc'__•d ed i.. ..,_ zap evelcpr,ent plat in acccrdance with the Cdr :n -Mity Redevelc;=ent Law. •D. Recavelctment Vrojects na, consider the cass-thrc,---*- C= -a% increment revenue- to a'--ecme�- ra��;M- acenc4es 4' extenuat'nc de-cnstrated by the affected agency. _. _ _�._..os vaich are nor-.ally - pzoperty tax revenues to zne extent ascert--4rable f4scr- 4--cacm4on •l?l occur. Wtitten agreements bet•.aeen the redevelc=.ent agency end th of cte� taxi-.c a�enc4es to zanage mnst^'Ct4on and subsequent operaticn of the f ac� li t� es are e.ccuraoed if wj thout• soon agreement a tr-4e f5 scal 17.Pact will r-a brolght •upon the affected tax�ng agency as sh'all be de:onstratta Sy suz, affertez tarring aCency. F. U-U-4zation Of -EX inczetler" Wi11 vary .4tn eac- tr--ject !'as%a Loon =rc-act time, !and use or ecoloyment Jntensity, area --n--c-ed Ly the pr-4ec-- and _.:acts Utcl services provided by a-`ectea entities. P.pn—zaz:cns C, re54sn--! criteria is generally descrL-ned as follows: Tax f�%anc",g for •=Mrove.emzs bene'-4-ng a 1--r-e of ta-,7a,ers is cons4dernc acre favorably because loss of affr-c-s Cornt•.- and other a3enc4es on e recz--nel bas-s. Local_ beam -_ ting properties are not co-24dered w3tn .`aver. acnEra-, zene -.C-'zde a=tmzl&! roads' rerional flood Cnntz- c zac�-c..e ate= and se.er lines. Local benef4t zrocra:ns 'a ce !4--nze� 7 c; --Y or 4nc_-ze od lane and =o-e asso:4ate: -t.-. a.. Usa of tax 4ncre:�en-- zor -ZO4-cts wnic'- muzu--1 aoremman- �e cz "nava s-ec-zal =rc*---'e.-.s snall be neCo----teA on the raszs C-- 14car'e to -ha- project. 3.00 V_der the CaMfo=nLa Constitl--,ion and to Co--•an4ty Rade",ielocmnen- ---W' tne &llocat_cn cd tax inc-enen- reven'--es is availahls for use _v =edevelc=nent agenc4es or c_ties or coant4es. Tie County and the affected tz:-:�nz acenc-SS sn st asns� . . a- their p murt;oses and -escom';' .1 —. ser...-COS facilft-et and mutt-- no- vie, rec!evalcr-enz and the -_Sca- rev-sw -r,cess as a Saj't�C.. tc cast `4SCaj 6Q--cienCies. the Count"• all ta::-Inc a-enzlcs have the 0--!lCation to t-e Orec4se am3unz of r;sC -! 4- C ion t-am -.ay be b=Quc-.t a_O'-t '-I a rcdevelcnnent -ro-ect. or-j e-- -,.--,st b' v�Q•ed se=araI'el%' in aete__ning service re2-cns;%' �' --,-itL and ._seal irnac-s. To ens--re -'.-zt ber.e`Zs are obtained tt, incre^e7.- and to rc-tential recional ccmnecition becmetn tnt-'ties; it 45 necessary _-, to .'reca-:elop�ent ac�"itiss wit.`. a mzt-'a!17 acceP-n--le -01227 t---t will resolve certain tax 4ncrz-menz an' SsVern:-..Snta! juri scigt Tonal is cues The purpose cf t-.4s '?rctose--' Policy Statement and VeMOZI-7-4•-M on, Fedevelc=ne..t-• is to define -he neth"Olcg'i by which the Co:ntY and c�t4es '1411 UtU"e the redevelopment process to fur-ner the intent and tbe goals as szeaz.;e i-I the Cc-----I.Ity nedevelcp�ent Law. 3.02 F;=S FCR 7=_*v__::P:EENT • The basis of redeveiottlent recuires that a 7ro) I ect-are- be to be blig-.tea as 6efzmed 'ray the Ccrn,_-.4ty Reaeve)cpment Law. The Ccrxr_ntv 3e6e,elcoment 1,aw def-4-se, bl4gnt a te=s broad eno-th to 4nclude S4t•_,al:1Cns U,,;Sue to jr.,livid-,al cities and- counties, and -the Cc'=.-Y w4l' not c 1. ' ' ence any ny reasOneble intezpretation. c' b!4=1`� by a c4tY, Or seek to on'!, ---- such interpretation so as to Qc-tain other cOncessiOSS fro-n a city. 3.03 C- AGINCY Healz` and Safety Code Section 33120 Eef4nes the terr`tor1_-' Of a cc-anty redevelop�ent agency or a c4ty redevelopment agency. -.-.e rec_,,n­4zes the cit;es cc-cerns rs5ard-nt the cc•­nZY's eszarLis '.-ment of recevelcr,-e..t croject areas w"nic- are adJacenz to c�t�as or are 5- rated •itni- sz-e=es of inf!-_,ence of a c4-v. Tne `sties rso-_c_ize tne County's concern over its ability' to n for z'-e ss^ zes generazed by a cry's redeelopMenz -reject. -' -5 7. sor,-�Ces will vary from c4ty -0 c4ty and that the ct.-nz-v w4" =zov-de -Ztant- s,_,c.n serl;4=es, a. aivs�s to s,' ate d the need End zr, tle c•­r_'Y & n t C4- -s zr.e re�evelctms.,- mrccess. 7n CCnSiderZ-_4..n 0' these L-ea_ Cn cr.-Cern, ,;"I ncz rai;e the re .-lcavelozent of lan�nccr2cr-Zed areas the sr',ere of in-1-jence of any incorporated c4zY without prier " no:_ C a _on C- 4ntont no the a=zrc-riaze city• in adeli,iCn to t�e State law re�mn-s per-an4n; to the of a Fiscal GeV;-W CG7a­4ZZCe, the -cl lc.inc shall a=SIV: Notice of the estahI4z.--,smnt Of a Fiscal Rev;ew Cc�;ztee a._ all -eez.,-S . be �ves of 4 Sai I sent to t-e renresE_.�al: the c ci—es and es zne otner zam-ng azenc- ___ -!IV r - _nz t-e rict to preset= --r. c=..atio.. to the Co—_..ittee GPecz�ic- e7s�- fiscal ; pcnt sl =rc--Cz W�th_;n the�r or s-heze o-, B. Will p-tv�de each af-2Zte,j C4 ty Wit h a COSY O: CC C'LTR n15 r 4 to ,,e co sty's propcscd reCevelc=ent pro4-,t for t he i e V QW and C. T.-le ccum-y agrees not to !._,Sthnr pr,ceed4ngs for a reAevelom.-ent =roject within a s-,'-erc of J..�Iuence if the city, w4th'n 30 days j 0- .ctice o� the z:reject, 4n4tiates nrcceedincs to an-ax all that cr,"_ .4 ='-ere 0' If tne cit, c'zta4rc &--roval ne Local Azcn, of t�,e ,at4ch C,45s;c_ With4n 1c0 days, the Co.,- 5peS6 .1 on the will 5 action redevelonment =-oject until "-.a ccn_-•-*Ct;nC --moictes ins acticft. If e annexat4crl proposal is denied oy the :.,;.7C w4th4n the s—,he period, the 411 revare activities to aecpt the redevelop -meet plan. • Si-i'_arly, the CIT'L and the CCDiM_ F. Wi11 not attemtt to have a recce mictzent project o_ -set se= rice de-ands in other areas o`_ the jurisdiction, Wi11 only access fiscal co ^.ce ^s reletiag to inceasec service demands generated by a redevelc-.ent ?r_- =t which af:ect services within the jurisdiction in=acted by the redevelo =amt. - �ect, H. Will not undertake redevelo_ment to be financed in whole or in pact frog tax increment revenues yithou= considering and evaluating the concerns raised by the affected toxin. agencies as to the fiscal impacts de. :.ens =rated .`.;+ t "- a`fected to inc acenc ?es thrpuci independent :iscal studies cona=tec by :he Co..:• =y and the af`_ecrec taxing agencies. C. W -11 consult with the affected taxi.. ^.c agencies as to fiscal i..cact G` the proposed redevelo=,ent project during the preparation c the re,2evejo=ent plan... D. Will inccr_ orate in the redevelo =rant =1zn the necessz:', t -=e and do1'_zr l_ —ta :ices in acct-dance w -th :'.he rec!x_eaents c'_ the $ecevelcpment law. Cam Sra.'.r a0 and 0. $��2: Ji sLrS C?^! o- N.ayor ��� �,•. 1�1 4 Ct L0CA'LAGcMCY F 0SP11A To! 0NC0N1 Ill ISS1OM 825 ca::t Third Street, 2nd Floor, Room 201 San 3erna7dino, CA 32415 • 17141 3832011 t% ylti ;i March 14, 1983 TO: The Mayor and City Manager of San Bernardino County Cities; and The Chairman of the Board of Supervisors and the County Administrative Officer All Cities have received the proposed County -City Cooperative Policy package. Some Cities have responded as generally con- curring with the program, others are still considering its ramifications. City representatives have asked the LAFC staff to review the pro- posed program and comment on its implications to the LAFC regulatory role. The attached staff report is that response. In the staff's view two very important concerns are evident in the proposal: In a City effort to annex large areas of its Sphere of Influence which might straighten boundaries and consol- idate service delivery, if the annexation fails -- either by protest or election -- then that area is removed from the City's Sphere of Influence for five years. The LAFC staff does not believe this to be somthing cities should approve. 2. In a proposed County Redevelopment Project within a City's Sphere of Influence, the County would give the City the right to annex the area. If the annexation fails, the County could then proceed with the redevelopment project -- presumably without protest from the City. The LAFC staff report outlines the rationale for LAFC concern for these two proposals. 1X� • r -1 L J • • L i LETTER TO: Mayors and City Managers Chairman of the Board of Officer SUBJECT: County -City Cooperative DATE: March 14, 1983 PAGE TWO of San Bernardino County Cities Supervisors and County Administrative Policy Package The Local Agency Formation Commission at its March hearing concurred with the staff findings and concerns and instructed the staff to report these concerns to the Cities and the County. The LAFC applauds the City- County efforts in more amicable relationships and cooperation, but as to these particular provisions of the package, neither legislation nor cooperative agreements to give away the City preragatives seem w Ise. Respe Fully, r LARR HENDON Executive Officer LHH:krm r F F il't iC ` i! 1CCT LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN 13ERNARDINO It7b I.nt lln.a Su�r� Jnd Fluw, Ilmnn 711: iii lb ai.m 6nn CA 17915 (7141:1837611 February 21, 1983 LARRY H. HENDON, Executive Officer LOCAL AGENCY FORMATION COMMISSION Review of County Proposed Policy Package and its Effect on the LAFC \J SITUATTO'1: At the January hearing, Commissioner Dondelinger called atten- tion to a packet of materials which the County has mailed to all cities for review and response, and asked that the Commission review these as to the implication of these to LAFC operations. The packet of materials is attached and addresses four areas of City- . County cooperation: 1) Annexation tax transfer formulas; 2) Proposed annexation legislation; 3) City - County Redevelopment Memorandum of Understanding; and 4) Proposal for joint legislative advocacy. This combined program was the result of a Cities - County retreat called to encourage City - County cooperative efforts, which, in the staff view, was called for several reasons: 1) In response to City concerns relating to the tax appor- tionment formula (the Cities supported the LAFC staff position paper). 'L. The County's interest in realigning service boundaries of cities which were confusing and inefficient in ser- vice delivery. 3) Growing concerns on both sides relating to the Cities and the County's use of Redevelopment Agency law. 4) The growing fiscal concerns of local government with • a possible unified approach to proposed legislation. 1r 1 • Review of County Proposed Policy Package Pace 2 February 21, 1983 The LAFC staff supports the proposal except for two elements 1) In a proposed City annexation, within its Sphere of Influence, which fails by reason of a majority protest or election, the County proposes that that area be removed from the City's Sphere of Influence for five years. In the staff view, this removal of territory from a City's Sphere by this device is not appropriate. It would prevent the City from further annexation attempts for five years, it would extend the mix of City- County service in the Community for five years, and it would lend credibility to the County in continuing urban develop- ment and County Services within City Spheres of Influence. ., , T 2) The County proposes that in areas within a City's Sphere of Influence in which the County would like to establish a redevelopment agency for a renewal project, the County would notify the City. The City could then initiate an annexation proceeding for the subject area, and if the annexation proposal failed, the County would then be • free to establish a Redevelopment Agency in that area of the City's Sphere of Influence. The LAFC staff does not feel that such an arrangement would be in the public interest. In the staff view, areas which are urbanizing in a City Community which are within the City's Sphere of Influence should be annexed to the City. Areas within the City's Sphere which are in need of redevelopment and /or renewal should be annexed to the City. As long as the County gives encouragement to citizens within a City's Sphere of Influence to stay in the unincorporated area, and assures " them of a continued high level of urban services- -even to include a renewal project using redevelopment funds, there is no reason for people in need of urban service to annex to the City so an ineffi- cient confusion of services continues. If the Commission agrees with staff's conclusions or has other concerns for the package of proposals, it would be appropriate to make such con- clusions known to the County and to Cities. r k� 1